KULANAND SWAROOP BRAHAMCHARI Vs. TATA MOTORS LTD

JUDGEMENT

(1.) THIS is complainant 's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 15.02.2010 passed by the District Forum, Dehradun in consumer complaint No. 156 of 2007. By the order impugned, the District Forum has partly allowed the consumer complaint and directed the opposite parties to pay a sum of Rs.

(2.) ,83,777/ - to the complainant. Not satisfied with the relief awarded by the District Forum, the complainant has filed this appeal for enhancement. 2. In brief the facts of the case are that in February - March 2006, the complainant purchased a truck from the opposite party No. 3 at a cost of Rs. 8,08,468/ - which was allotted registration No. UA10 -4810. The said truck was insured with The Oriental Insurance Company Limited for the period from 15.02.2007 to 14.02.2008 at an IDV of Rs. 6,70,000/ -. The truck was registered as Goods Carriage and Goods Carriage Permit was granted in favour of the complainant by the Transport Department, Uttarakhand. The truck was financed by the opposite party No. 1 - M/s Tata Motors Ltd. Complainant deposited sum of Rs. 81,000/ - with the opposite party No. 3 towards margin money and also deposited sum of Rs. 7,000/ - in cash and sum of Rs. 7,20,000/ - was financed by the opposite parties. The complainant was regularly paying the loan installments. On 22.06.2007, the opposite party No. 2, on the directions of the opposite party No. 3, illegally and forcibly got the repossession letter of the vehicle signed. The complainant got the notice issued to the opposite parties. The complainant has alleged that the opposite parties have illegally repossessed the vehicle which is causing loss @Rs. 2,000/ - per day to the complainant. The complainant has deposited total sum of Rs. 4,33,716/ - upto 24.03.2007. The complainant thereafter filed a consumer complaint before the District Forum, Dehradun and prayed that the vehicle be handed over to him and the margin money deposited by him be adjusted and also sought certain other reliefs.

(3.) THE opposite party Nos. 2 and 3 also filed their written statement before the District Forum and pleaded that sum of Rs. 7,20,000/ - was financed by the opposite party No. 1.