(1.) THIS appeal is directed against order dated 17.8.2009 of District Consumer Disputes Redressal Forum, Korba (hereinafter called "District Forum" for short) in Complaint Case No. 62/2006 whereby complaint of the complainant was allowed.
(2.) BRIEFLY stated facts of the case as per averments in the complaint, are that the complainant had purchased a vehicle Toyota Qwalis Regn. No. CG -12 D/0217 having been financed by OP. Complainant further averred that in course of time due to three accidents the vehicle had got severely damaged which was possessed by him on 'supurdnama' for Rs. 3 lacs as per order dated 11.5.2005 of Chief Judicial Magistrate, Korba with a direction that the vehicle would not be transferred in the name of other person and said fact was intimated to OP also. Complainant also averred that he had made repayment of loan instalments regularly for some period but due to aforesaid accidents and also due to retention of the vehicle in Police thana, he suffered extensive loss and the vehicle was got repaired after taking the same into possession on 'supurdnama and meanwhile he could not repay some instalments, so OP repossessed the vehicle forcibly through Pratap Singh After repossession of the vehicle complainant contacted OP with request to repay loan dues on part payment facility but he was told that any action whatsoever would be taken by its Bilaspur branch office. He was also told that the matter had been taken up with its higher offices and on their approval only his request would be considered. Complainant averred that finding no response from OP, ultimately he deposited Rs. 3,46,000 by cheque No. 5071161 on 21.8.2006 which was in excess Rs. 1,67,455 over the required loan dues. Complainant further averred that after deposit of aforesaid amount on contacting Bilaspur branch office he was asked to contact aforementioned Pratap Singh who directed him to contact Mr.Murli of Bilaspur branch and he told him to repurchase the vehicle. Complainant further averred that having been fed up with the aforesaid act of OP he contacted its call centre but he was told that there was no intimation of aforesaid act and it was also told that repossession or sale of vehicle is done under due intimation to its owner. The complainant averred that the questioned vehicle was not delivered to him rather there were efforts by OP to sell it fraudulently to another person. Complainant averred that the act of OP of not delivering the repossessed vehicle despite complete payment amounted to deficiency in service so he prayed before District Forum, seeking direction to OP to deliver him the questioned vehicle with compensation @ Rs.1,000 per day from 18.6.2006 with interest and also compensation towards mental agony and cost of proceedings.
(3.) OP while resisting complaint in its reply averred that the complainant was financed loan of Rs. 4,50,000 on 6.12.2003 under hire purchase scheme to purchase a Toyota Qwalis vehicle for private use and the loan was repayable in 36 monthly instalments @ Rs. 14,319 and due to default in repayment of loan instalments the vehicle was repossessed. OP also averred that the complainant was utilizing the vehicle for commercial purpose instead of private use. OP further averred that the complainant had been regular defaulter in payment of loan instalments as is evident from the statement of bank accounts since his 23 cheques were dishounored and the loan dues were rising high. The complainant was given notice on 20.6.2006 to deposit loan dues Rs. 2,53,000 along with interest @ 24% within 7 days failing which the vehicle would be sold but he did not respond, so the vehicle was ultimately sold. OP also averred that version of the complainant that he deposited Rs. 3,46,000 with it, was not correct since no document in support of his version had been produced. In fact said amount Rs. 3,46,000 was received by OP on sale of the vehicle and was deposited in the loan account of the complainant and he was intimated on 6.9.2006 to collect amount collected in excess over loan dues but he did not give heed to it and filed complaint.