TATA ENGINEERING AND LOCOMOTIVE CO LTD Vs. NATHU

JUDGEMENT

(1.) This appeal and the application for condonation of delay are being decided together in as much as though the appeal is filed after delay of 101 days yet without any specific order on delay condonation application, the appeal was admitted.

(2.) The appeal arises out of the judgement and order rendered by the Delhi State Consumer Disputes Redressal Commission in complaint case no. C-242/96. The State Commission allowed the complaint filed by the respondent and directed the appellant to refund proportionate depreciated amount @5% per year as contributed by the respondent being price of the vehicle and lump sum compensation of Rs.15,000/- including cost.

(3.) It is an admitted fact that the appellant financed amount of Rs.4,85,351/- to the respondent for the purchase of a Tata truck vehicle. The loan amount was to be paid in 35 monthly instalments. There is no dispute about the fact that the respondent was irregular in making payments. The vehicle was repossessed by the appellant on 25.5.93 due to the defaults committed by the respondent. The respondent, however, submitted an undertaking that he would be regular in making payments of further instalments. The truck vehicle was released in his favour on 16.06.93 on the basis of such assurance and on his making of certain payments. The respondent continued to pay certain instalments further yet was found in arrears. The appellant, therefore, again repossessed the truck vehicle on 21.11.1993. The vehicle was subsequently sold away by the appellant in public auction for Rs.1,90,000/-.