RAMESH SHARMA Vs. MAGMA LEASING LTD

JUDGEMENT

(1.) THIS appeal has been preferred by Shri Ramesh Sharma. The complainant in, complaint case No. 69/2007 against the order passed by the District Consumer Forum, Dhanbad by which he has been asked to pay the due instalments up to the date of release of the vehicle on 19/20.5.2008.

(2.) ADMITTED facts on the record that the appellant has obtained a vehicle vide agreement dated 20.2.2005 with finance from the respondent/opponent M/s Magma Leasing Limited and others. The appellant has to pay back the advanced money under hire purchase agrcement in EMIs. Further, the appellant could not pay the instalments regularly after getting it from February, 2005. Ultimately the said vehicle was repossessed on 22.11.2006 without any notice and with the help of muscleman while the vehicle was in work at Rajauli, Nawadah in Bihar. The complainant accordingly lodged a complaint before the District Forum on 27.7.2007. The respondent/opponent appeared on notice and filed detailed written statement to assert that the appellant was not a consumer and he was using the said vehicle for commercial purposes. He also asserted that the appellant was defaulter in paying EMIs and the vehicle, in question, was repossessed only after serving proper notice. It further denied the use of muscleman in recovery process of repossession.

(3.) THE learned lower Forum considered all the facts before it and held that the opponent/ respondent has committed deficiency in service by using muscleman for repossession. However, it further held that, the appellant/complainant has defaulted in making payments. Therefore, it directed the appellant/complainant to pay up to date the instalment dues on the date of repossession in equal three instalments within 30 days of the order dated 20.5.2008. It further directed the appellant to give undertaking that in future the EMIs will be paid regularly.