NAVNEET JHA Vs. MAGMA SHRACHI FINANCE LIMITED

JUDGEMENT

(1.) The case of the Petitioner/Complainant is that he purchased Tata Truck LPT 2515 CEX, Registration No.C.G.04-J.A-3730. He took a loan of Rs.11,25,000/- from the Respondent/Opposite Party, which was to be repaid in 56 monthly instalments commencing from 30th July, 2007 to 20th February, 2012. According to the Petitioner, he repaid an amount of Rs.14,13,120/- till November, 2011. An amount of Rs.52,730/- was still due to be paid. On 04.12.2011, the Opposite Party forcibly took possession of the vehicle with the help of muscleman. The value of the vehicle at that time was Rs.11,00,000/-. On 14.12.2011, the Complainant filed a written report with the Superintendent of Police, Kawardha, District Kabirdham, Chhattishgarh and on 15.12.2011 sent a legal notice to the Opposite Party. In reply to the notice, Opposite Party asked the Complainant to deposit an amount of Rs.5 lakhs for release of the vehicle. On 29.12.2011, the Complainant deposited the said amount with the Opposite Party and also filed an objection that the vehicle should not be auctioned. The Opposite Party, even after receiving the amount had not returned the vehicle. Hence, the Petitioner approached the District Forum with following prayers: -

(2.) The Complaint was contested by the Opposite Party by filing written statement. It was stated that the as per Hire Purchase Agreement, the Opposite Party had become owner of the vehicle and the purchaser was only a bailee. The matter was referred to Arbitration, after notice to the Complainant. The Arbitrator passed an award dated 16.07.2011, but the Complainant did not comply with the Award. The Complaint before the District Forum, therefore, was not maintainable.

(3.) The District Forum after hearing the Parties and perusing the material on record, vide order dated 27.07.2012, dismissed the Complaint with the following observation: -