SHAILAJA PRAFULCHANDRA MUNDARGI Vs. BAJAJ AUTO FINANCE LTD

JUDGEMENT

(1.) THIS appeal takes an exception to an order dated 13/05/2011 passed by the District Consumer Disputes Redressal Forum, Kolhapur in consumer complaint no.CC/10/434.

(2.) FACTS leading to this appeal can be summarized as under: -

(3.) WE heard Mr.Jayant Bardeskar -Advocate for the appellant. Respondent remained absent though duly served. Admittedly, appellant had purchased Bajaj Wave Scooter bearing no.MH -09 -AR -9136 from the respondent by taking a loan from the respondent. Admittedly, the loan amount was to be paid within a period of 30 months in monthly installments of Rs. 1171/ - each. The appellant had handed over post dated cheques drawn on Mahalaxmi Co -operative Bank, Tarabai Park and the total cheques were 30. There is no dispute regarding the payment of 28 installments. However, the respondent has not presented the two cheques for encashment. The appellant was under impression that he has paid all the installments. However, when he approached to the State Bank of India for a four wheeler vehicle loan, he could not get the loan as the respondent had informed to the CBIL that the appellant is a defaulter.