Failure to prove claimed losses and damages results in dismissal of the appeal.

ORDER

Dhananjay Prasad Singh, President - This appeal by Shri Ajay Dubey, the complainant challenges the order dated 23.5.2008 passed by District Consumer Forum, Dhanbad in Complaint Case No. 471 of 2006, dismissing his claims.

2. The facts in brief agitated before the lower Forum are that the appellant/complainant had purchased one Tata 407 pickup van being financed by the OP/respondent Nos. 1, 3, from OP/respondent No. 4 for Rs. 4,49,200. As further stated the loan was to be paid in 35 instalments of Rs. 11,908. In this agreement the vehicle was insured for a period from 10.7.2003 to 9.7.2004 and 10.4.2004 to 9.7.2005 but the vehicle was not insured from 10.7.2005 to 9.7.2006 by the OP/respondent and the same was seized by the Enforcement Officer, Dhanbad in August 2006. In the result the due instalments against the loans could be paid from April 2006 to June 2006.

3. The complainant got his vehicle insured on 20.9.2006 but it was illegally repossessed by the OP/respondent in November 2006 for non-payment of above three instalment. Further alleged when he went to opposite party No. 4 for getting the reasons of repossession they were assaulted regarding which Dhanbad P.S. case under various penal Section of IPC. However the complainant has to lodge the present case for relief's release of vehicle, interest and damages on various counts for alleged deficiency in the service by the OP/respondents.

4. The OP/respondent appeared on notice to resist the claim on 3.1.2007. Then on the petition dated 29.12.2006 for interim relief regarding release of vehicle, on 31st January, 2007 the Forum directed for payment of due instalments with interest to the opposite party by the complainant/appellant. Accordingly Rs. 43,590 were paid on 1.2.2007 and vehicle released.

5. Thereafter NOC was issued on 21.11.2007 by the opposite party. Then the matter was finally decided on 23.5.2008 by which the lower forum directed the opposite party to pay Rs. 5,000 as compensation only. The appeal has been preferred for further compensation, etc. The appeal was filed on 8.9.2008. However, after the respondents appeared on 31.10.2008 the appellant has left taking any interest in this appeal. Till 22.9.2010, the appellant did not file any written notes of argument nor reply to written notes of argument filed by respondent Nos. 1, 3 on 16.12.2008

6. Even when the matter was taken up for final bearing on 22.9.2010, the learned Counsel for the appellants did not argue their points. Shri Jaiswal supported the order by the lower Forum.

7. We have gone through the facts on the record and the impugned order. The vehicle was given back on 1.2.2007 and their after being run by the appellant/complainant. The learned lower Forum had already awarded Rs. 5,000 by way of compensation on 23.5.2008. The quantum of the compensation was assessed for period from 20.9.2006 to 1.2.2007 with the default in payment of EMIS for three months paid with interest on 1.2.2007 before release of the vehicle.

8. The appellant/complainant has not brought on record any facts in support of the claimed losses and damages before the learned lower Forum and before us. In such facts and circumstances we have no option but to agree with the view held by the lower Forum.

9. In result we find and hold that the appellant has failed to prove the claim. Accordingly this appeal be dismissed but without cost.

Inform the parties and lower Forum as per rule.