SUNDER SINGH Vs. SANGHI HIRE PURCHASE LIMITED

JUDGEMENT

(1.) APPELLANT is aggrieved by the order dated 26.08.2010, of learned District Consumer Disputes Redressal Forum, Mandi, whereby his complaint, under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondent sands dismissed.

(2.) APPELLANT purchased a Tata 207 vehicle, for which financial assistance was arranged from M/s. City Crop Finance Limited. Respondent is the franchisee of the said M/s. City Crop Finance Limited. A hire purchase agreement was executed between the appellant and M/s. City Crop Finance Limited. Finance provided by the said company was to be repaid in 47 monthly instalments of Rs.8373/ -each. Appellant had been paying the instalments regularly upto September, 2006. In October, 2006, vehicle met with an accident and because of that the appellant could not make any earnings and consequently instalments from October, 2006, onwards were not paid. Financier Company was apprised of the financial constraint of the appellant. Vehicle was taken to a workshop for repair, from where the respondent is alleged to have illegally taken away the same sometime in the month of December, 2006. A notice was received by the appellant from the present respondent that the vehicle had been sold and that a sum of Rs.1,84,444/ -, was still due. In 2010, appellant filed the present complaint alleging that his vehicle had been illegally repossessed and sold and sought issuance of direction to the respondent to pay damages, equivalent to the amount, which he had already paid to the respondent before the repossession of the vehicle, i.e. a sum of Rs.1,64,760/ -.

(3.) RESPONDENT contested the complaint. It was stated that the complaint was barred by time. On merits, it was stated that the vehicle had been surrendered by the appellant himself, after it met with an accident, in October, 2006, as he expressed his inability to repay remaining amount of loan.