RAMESH KUMAR SHARMA Vs. KOTAK MOHINDRA PRIMUS LIMITED

JUDGEMENT

(1.) THIS appeal has been directed by the complainant against order dated 30.3.2007 passed by Consumer Disputes Redressal Forum -II, U.T. Chandigarh (hereinafter to be referred as District Consumer Forum), whereby his complaint was dismissed being meritless.

(2.) BRIEFLY stated the facts are that Sh. Ramesh Kumar Sharma is registered owner of Tata Indica car bearing registration No. HR02K 6555 which he had purchased on 26.6.2003 from M/s. Metro motors, 106, Railway Road, Ambala Cantt. for Rs. 3,36,750, out of which he had paid an amount of Rs. 75,828 from his own pocket and raised the balance amount of Rs. 2,60,922 from M/s. Kotak Mohindra Primus Ltd., respondent No. 1 through its branch at Chandigarh, respondent No. 2, vide loan agreement Annexure C -2. The said loan was to be paid in 47 monthly instalments of Rs. 7078 each. The first instalment was paid along with down payment as per Annexure C -3. The equated monthly instalment was payable by 15th of every month.

(3.) IT was next averred that he had been regularly paying instalments as per terms of the agreement and the receipt dated 4.4.2005 showing the payment of instalment of Rs. 7,328 is Annexure C -4. However, on 21.4.2005 when his driver Sonu was returning to Jagadhri from Chandigarh, then it was illegally impounded by the respondents and the driver was asked to sign forcibly form Annexure C -5, although, respondents had no right to take possession of the vehicle under loan agreement and as per condition No. 14, they were required to give 7 days notice asking the complainant to make payment of the dues but no such notice was given. Accordingly complainant served notice and after serving notice, alleging deficiency in service, the complaint was filed.