CHANDRAKANT Vs. SRIRAM INVESTMENT LTD.

JUDGEMENT

(1.) THIS appeal is by the complainant challenging the order dated 31.3.2008 passed by the DF, Gulbarga in Complaint No. 84 of 2007 dismissing his complaint.

(2.) THE complainant is the purchaser of vehicle bearing No. KA -29/2479 by borrowing a loan of Rs. 2,00,000 from O.P. 1 in the year 2003. The required amount payable has been rescheduled on 15.2.2003. As there was some amount due under the agreement between the parties the amount payable was rescheduled and according to which the complainant is required to pay Rs. 1,40,000 in twenty instalments. But on 3.2.2005 O.P. No. 1 seized the vehicle on the ground that there is a default committed by the complainant in the matter of payment of instalments. Thereafter O.P. 1 has not taken any steps to sell the said vehicle in the public auction so as to appropriate the sale proceeds towards the loan. Instead according to the complainant, O.P. 1 authorized O.P. 2 to use the vehicle for hire and award by changing the number plate. This was noticed by the police and the same was seized by the police after registering a case as against O.Ps. 1 and 2 on investigation.

(3.) WE are told that the charge sheet also has been filed in Crime No. 105/2006. The complainant after coming to know of the seizure of the vehicle made an application to release the vehicle in his favour on the ground that he is owner of the vehicle. On that application the Criminal Court released the vehicle in favour of the complainant and it is now in possession of the complainant.