ASHOKA LEHLAND Vs. GHULAM JEELANI SHAH

JUDGEMENT

(1.) THROUGH the medium of this appeal, order dated 29.10.2007, passed by the learned Divisional Consumer Protection Forum, Srinagar, (hereinafter to be referred to as the Forum), has been taken in appeal. In terms of the impugned order the learned Forum, after allowing the complaint of the respondent, directed the appellant to pay a sum of Rs. 3,14,332 along with interest @ 9% p.a. from the date when the appellant had taken possession of the vehicle in question from the respondent. An amount of Rs. 50,000 has also been awarded as compensation to the respondent for mental pain, agony and loss of respect in the society. Litigation expenses in the sum of Rs. 3,000 have also been awarded.

(2.) BRIEF facts of the case are that the respondent, (a businessman by profession), on 28.12.2004, purchased car (of Versa DX STD make) having chassis No. 110496 Engine No. 176324, from M/s. JAMKASH Vehicleads Pvt. Ltd. Srinagar against payment of Rs. 3,77,680 out of which he paid Rs. 85,000 as margin money while as rest of the amount of Rs. 2,92,680 was financed by the appellant. The vehicle was registered in the office of RTO, Srinagar, after fulfilling all the formalities, and the registration No. JK04 1100 was allotted. According to the respondent he had invested Rs. 50,000 to meet registration expenses of the vehicle, payment of token tax fee and instalment of insurance premium, etc. The respondent had been paying regular instalments for the liquidation of loan to the appellant but on 5.5.2007, without any rhyme or reason, the appellant forcibly took possession of the vehicle from his residence though he was never a defaulter. Because of such arbitrary and capricious acts, the respondent is stated to have suffered humiliation in the society and loss of goodwill in his professional business. He underwent mental torture and trauma. That he was deprived to use the vehicle for his personal use. The above stated allegations were made by the respondent in his complaint which was filed before the learned Forum and an amount of Rs. 4,27,680 was claimed along with interest @ 15% p.a. from the date of dispossession till realisation. Compensation in the sum of Rs. 70,000 was also claimed. The Forum after considering the factual and legal aspects of the case allowed the complaint. The balance of unpaid loan of Rs. l,13,348 was deducted from Rs. 4,27,680 and the remaining amount from the value of the seized car in the sum of Rs. 3,14,332 along with interest @ 9% p.a. was granted. The interest was made payable from 5.5.2007 which was the date of unauthorized dispossession of car till full liquidation of the liability. Compensation in the amount of Rs. 50,000 was also awarded for mental pain, agony and disrespect as well as Rs. 3,000 to meet the litigation expenses.

(3.) THE order has been challenged by filing the appeal, which is time barred by 12 days. It is accompanied by application for condoning the delay. The cause of delay has been explained in the application and we find that it amounts to sufficient cause for condoning the delay. The application is accordingly accepted and delay condoned. The appeal be registered in the concerned register.