TATA MOTORS LIMITED Vs. BHIMSEN BEHERA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated 16.2.2009 passed by the District Consumer Disputes Redressal Forum, Khurda whereby while accepting the complaint of the respondent - complainant, following relief has been granted:

(2.) THE facts giving rise to the present appeal are that respondent -complainant, an unemployed person, to earn his livelihood, borrowed a sum of Rs. 3,00,000 from the O.Ps. after making down payment of Rs. 68,666 to purchase a TATA Pick Up -207, at Rs. 3,68,666. The O.Ps. also financed Rs. 30,000 towards the insurance premium and the complainant was to repay the total sum of Rs. 4,20,000 including interest in 47 EMIs, first instalment being Rs.10,600 and the balance 46 EMIs being @ Rs.8,900 per month. An agreement was executed to that effect. The complainant started repayment of the dues regularly. The vehicle met with an accident for which he had to bear financial loss and the vehicle remained idle for certain period and during this time, the O.Ps. repossessed the vehicle by use of muscle power on 31.7.2006. In spite of several approaches, O.Ps. did not release the vehicle. Complainant had paid the total sum of Rs. 2,59,913 including margin money and this amount is sought to be refunded.

(3.) UPON notice, the appellant -opposite party contested the complaint. In the written statement, O.Ps stated that the vehicle was repossessed according to terms and conditions of the agreement. A sum of Rs. 98,048 was outstanding against the complainant as on 31.7.2006, hence the vehicle was taken into repossession according to the stipulation in the agreement. As such the complainant is not entitled to any relief as prayed for.