DULICHAND FINANCE & LEASING LTD Vs. ABBASUR RAHAMAN

JUDGEMENT

(1.) In this revisional application the petitioner challenges an order dated 14th August, 2013 passed by the State Consumer Disputes Redressal Commission, West Bengal (in short 'State Commission') passed in SC Case No. FA/556 of 2012.

(2.) The petitioner alleges that by and under a Hire Purchase Agreement dated 1st November, 2002, the petitioner agreed to let out on hire a 2002 model Bajaj Tempo to the respondent no. 1. The respondent no. 1 was required to pay a total hire purchase price of Rs. 1,36,620/-, in 22 equal monthly instalments of Rs. 6210/- each commencing on and from 21st December, 2002. The respondent no 1 defaulted in payment of the monthly hire charges and, as such, the petitioner in exercise of its contractual right repossessed the vehicle in March, 2003. Being aggrieved, the respondent no. 1 filed a complaint under Sections 12 and 13 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum, Barasat being CDF Case No. 129 of 2003 claiming monetary compensation and other reliefs.

(3.) The petitioner filed an application under Section 26 of the 1986 Act for dismissal of the complaint on, inter alia, the ground, that the respondent no. 1 is not a consumer within the meaning of the said Act. He has neither purchased any goods nor hired any service from the petitioner and, as such, the complaint was not maintainable. The said application was dismissed.