MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED Vs. SAKATHU

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 26.12.2005 of the District Consumer Forum, Rae Bareli.

(2.) AS is evident from perusal of the impugned judgment that the appellants M/s. Mahindra and Mahindra Financial Services Ltd. were directed to pay Rs. 90,000.00 to the respondent/complainant Sakathu whose vehicle had been forcibly possessed by their musclemen. A sum of Rs. 1,000.00 besides litigation charges was awarded as compensation.

(3.) ACCORDING to the complainant he had purchased Mahindra Cab King ML 02 3150 which was subsequently registered by the Regional Transport Officer as vehicle No. UP 33 A 6839 with the loan aid provided to him by the Appellant -Company. The principal amount of loan was Rs. 2,65,000.00 which in terms of repayment had been calculated as Rs. 3,52,464.00 and agreed to be paid by the complainant by way of 48 monthly instalments. He remitted the amount of 28 instalments of Rs. 8,143.00 each totalling to Rs. 2,28,004.00. The complainant allegedly made some more remittances but the appellants had not shown them to his credit. As admitted by the complainant a sum of Rs.90,000.00 was still outstanding against him at the time of the vehicle being repossessed, although it is not in conformity with the calculations. He expressed his willingness to permit the appellants to deduct the aforesaid amount of Rs. 90,000.00 out of the sale proceeds of the vehicle. It is not disputed by the appellants that the vehicle in question repossessed by them had been sold after getting it evaluated at Rs.1,31,000.00. The appellants in their calculation chart as indicated in the memorandum of appeal have admitted receipt of Rs. 1,71,916.00, although relevant documents like computerized ledger and statement of accounts have not been filed by them.