AJAY DUBEY Vs. MAGMA LEASING LTD

JUDGEMENT

(1.) THIS appeal by Shri Ajay Dubey, the complainant challenges the order dated 23.5.2008 passed by District Consumer Forum, Dhanbad in Complaint Case No. 471 of 2006, dismissing his claims.

(2.) THE facts in brief agitated before the lower Forum are that the appellant/complainant had purchased one Tata 407 pickup van being financed by the OP/ respondent Nos.1, 3, from OP/respondent No. 4 for Rs.49,200. As further stated the loan was to be paid in 35 instalments of Rs. 11,908. In this agreement the vehicle was insured for a period from 10.7.2003 to 9.7.2004 and 10.4.2004 to 9.7.2005 but the vehicle was not insured from 10.7.2005 to 9.7.2006 by the OP/respondent and the same was seized by the Enforcement Officer, Dhanbad in August 2006. In the result the due instalments against the loans could be paid from April 2006 to June 2006.

(3.) THE complainant got his vehicle insured on 20.9.2006 but it was illegally repossessed by the OP/respondent in November 2006 for non -payment of above three instalment. Further alleged when he went to opposite party No. 4 for getting the reasons of repossession they were assaulted regarding which Dhanbad P.S. case under various penal Section of IPC. However the complainant has to lodge the present case for relief's release of vehicle, interest and damages on various counts for alleged deficiency in the service by the OP/respondents.