M.A.YAKOOB PASHA Vs. TATA FINANCE LTD

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.85/2007 on the file of District Forum, Karimnagar, the complainant preferred this appeal.

(2.) The brief facts as set out are that complainant No.1 was doing whole sale business of sale of vegetable and for the purpose of transportation of vegetables, purchased a four wheeler carrier i.e. TATA LPT 909 by obtaining loan from opposite party. The total cost of the vehicle is Rs.5,37,107/- out of which he paid Rs.25,000/- towards delivery charges and as per terms of the loan, opposite party arranged an amount ofRs.7,20,230/- towards loan amount and a loan agreement was entered in December, 2004. The complainant submitted that towards payment of future instalments, he issued 47 post dated cheques to the opposite party and complainants 2 and 3 stood as guarantors for repayment of the loan. The complainant submitted that he paid instalments regularly up to November, 2005 and thereafter the vehicle met with an accident on 6-1-2006 near Cheryala, Warangal District while going to Madras from Karimnagar along with Tomato load. On account of the said accident, damages were caused to the vehicle, tomatoes and the vehicle was shifted to workshop for repairs. The complainant submitted that he paid Rs.90,000/- towards repairs and when he took the vehicle to the market, opposite party seized the vehicle and then the complainant offered to pay Rs.52,900/- but the same was returned. It is the case of the complainant as there was insurance, he is entitled to get the insurance amount and the same was claimed by the opposite party. The complainant submitted that in the month of April, 2006 opposite party again seized the vehicle without any notice and took away all the documents of the vehicle and inspite of request of the complainant, it failed to return the vehicle and gave a legal notice stating that the vehicle was sold and the sale amount was adjusted towards loan amount to pay an amount of Rs.2,55,148/- towards balance of loan amount along with interest and expenses. Hence the complaint for a direction to the opposite party to pay an amount of Rs.1,83,123/- along with damages and costs. Opposite party remained exparte and did not choose to file any counter.

(3.) Based on the evidence adduced i.e. Exs.A1 to A13 and the pleadings put forward, the District Forum dismissed the complaint.