IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH: PRESIDENT F.A. No. 881 of 2023 [Against the order dated 11.04.2023, passed in C.C.No.43 of

2022 by the DCDRC, Chennai (South)].

Tuesday, the 30^th day of September, 2025 Agish Anandan, S/o Anandan, 1-10, Raja Street, Devaraj Ngar, Saligramam, Chennai – 600 093. ... Appellant/ Complainant - Vs –

M/s. L & T Financial Service, Rep. by The Branch Manager, 28, Ethiraj Salai, Egmore, Chennai – 600 008. ... Respondent/Opposite Party For the Appellant/ Complainant : M/s. R.Chitti Babu For the Respondent / opposite party: M/s. D.Murugan This appeal came up for final hearing on 18.09.2025 and on hearing the arguments of the counsel for the appellant and on perusing the material records, this Commission made the following:-

O R D E R

R.SUBBIAH J., PRESIDENT Not being satisfied with the quantum of compensation awarded by the District Consumer Disputes Redressal Commission, Chennai (South), in and by an order dated 11.04.2023, passed in C.C.No.43 of 2022, the present appeal has been filed by the complainant seeking enhancement of compensation.

2. The Appellant is the Complainant and the Respondent is the opposite party before the District Commission. For the sake of convenience, the parties will be referred in the course of this order as per their respective rankings before the District Consumer Disputes Redressal Commission, Chennai (South).

3. The case of the complainant before the District Commission is that, the complainant had purchased a Two Wheeler vehicle of Honda Dio make bearing Reg. No. TN 09 CS 4556 on 17.09.2019 for an amount of Rs.98,130/- including the cost of accessories. The complainant had also availed a loan for a sum of Rs.76,527/- from the opposite party under the loan Agreement dated 17.05.2019, for purchase of the said two wheeler. The said loan amount has to be repaid in 30 installments of Rs.2,883/- per month. The opposite party received 3 blank cheques from the complainant in respect of the loan availed by the complainant. The complainant repaid 10 installments regularly to the opposite party through ECS mode and 6 installments through online payment. Thus, he paid a total sum of Rs.46,362/-. But thereafter, the complainant was not n a position to pay the remaining installment amount due to COVID 19 pandemic. Furthermore, the moratorium period was in force. At that time, the complainant contacted the opposite party and explained the circumstances in which he had defaulted in making payment of two installments. He also assured that he would deposit the said amount within one or two months. While the facts being so, on 14.08.2021, at about 12.30 p.m., the complainant parked his vehicle in front of Cinema Production Office situated at Door No.141, Rudhra Illam, Sri Lakshmi Nagar, 2^nd Main Road, 1^st Street, Valasaravakkam, Chennai. On returning from the said Cinema Production Office around 2.00 p.m., he found that the vehicle was missing. Then he immediately lodged a complaint with the Inspector of Police, R-9, Valasaravakkam Police Station, Chennai. But, the police did not register the case against the opposite party and simply treated it as Petition assigning a CSR. Thereafter, the complainant came to know through SMS message on 17.08.2021 that the opposite party resorted to forcibly take the possession of the vehicle through its musclemen. Since the police did not register the case, the complainant approached the Deputy Commissioner of Police, Chennai, but no action was taken. Thereafter, the complainant approached the Court of Judicial Magistrate No.1, Poonamallee and filed a petition under 156(3) of Cr.P.C., for a direction. But the Judicial Magistrate did not refer the petition to the police for registration of the case and investigation of the matter as prayed by the complainant, and on the other hand the petition was dismissed on 19.11.2021, on a findings that seizure of the vehicle is purely a civil dis