ASHISH FINANCIERS Vs. ANUJ KUMAR SINHA

JUDGEMENT

(1.) THIS appeal by M/s Ashish Financiers is filed against the order dated 26.8.2009 directing it to issue NOC within a week and further to pay jointly with Shree Bikes Rs.50,000 by way of compensation to the complainant.

(2.) THE complainant Shri Anuj Kr. Sinha has purchased JII01 -2827, Hero Honda Motorcycle from Shree Bikes, depositing Rs.20,000 with it. As further stated rest amount was financed by the appellant to be paid back in twelve instalments of Rs.2,610. As per complainant in spite of timely repayments, the appellant in collusion with opposite party No. 1, Shree Bikes has withhold the NOC and other papers required by the complainant. As such the complaint was filed on 29.3.2006 for compensation of Rs.90,000 and release of NOC.

(3.) THE opposite parties appeared on notice to deny any deficiency. The supplier stated that he has delivered the motor cycle on being .financed by opposite party No.2, the appellant and the dispute if any between the financier and complainant was not his liability. The appellant admitting advance of Rs.37,000 claimed the repayment was scheduled in eighteen instalments out of which only twelve have been paid. As such the NOC was not given.