BOHRA MOTORS Vs. ANIL KUMAR RAMCHANDRA PAVAR

JUDGEMENT

(1.) THE appellant/original opponent has filed present appeal challenging the order passed by the Consume Disputes Redressal Forum, Surat (Additional) in Complaint No. 910 of 2013 dated 31.7.2013.

(2.) For the sake of convenience, the parties shall be referred to complainant and the opponent in the judgment. Heard Mr. D.M. Soni, learned Advocate for the appellant original opponent. The respondent is duly served. However, he did not remain present though the matter was adjourned from time to time. Therefore, the matter is proceeded ex parte.

(3.) THEREFORE , there is no dispute between the parties as regards the borrowing loan for a sum of Rs. 67,000 and repayment by 25 monthly instalments, each of Rs. 4,000. As per specific admission by the complainant, there is default in repayment of the instalments. As per table shown in para 2 of the complaint, the complainant has paid a sum of Rs. 68,200 upto 12.9.2007. As per say of the complainant, the said rickshaw is repossessed on 20.1.2008. If that be so, there is no payment from September 2007 to January 2008. There is specific default in repayment of the instalments. The complainant has further admitted in para 4 of the complaint that a sum of Rs. 8,000 by way of overdue of two instalments were due when the rickshaw was repossessed by force by the opponent. This is also an admission on the part of the complainant that there was default of two instalments when the rickshaw was repossessed.