RAM, PAL SINGH Vs. TRANSPORT FINANCE CO. LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the impugned order dated 3.10.2011 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. 1692 of 2011 Ram Pal Singh Vs. General Manager Sri Ram Transport & Ors. by which appeal was dismissed and order of District Forum dismissing complaint was upheld.

(2.) Brief facts of the case are that complainant/petitioner obtained loan of Rs. 5,00,000/- from OP/respondent for purchasing truck for a sum of Rs. 6,11,000/-. This loan was to be repaid in 54 instalments. Due to illness of father of the complainant, loan instalments could not be paid and muscle persons of OP snatched truck and OP sold it for Rs.3,11,500/- and further raised demand of Rs.2,71,832/- from the complainant and thus committed deficiency in selling truck at very low price and further demanding money, hence, filed complaint for damages. OP contested the complaint and submitted that complainant does not fall within purview of consumer as per loan-cum-hypothecation Agreement. Vehicle was repossessed and sold as per terms and conditions of agreement and notice for recovery is still pending before Arbitrator and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint against which appeal filed by the complainant was dismissed by impugned order, hence, this revision petition has been filed.

(3.) Heard learned Counsel for the parties at admission stage and perused record.