ASHOK LAXMAN GULHANE Vs. TATA FINANCE CO. LTD

JUDGEMENT

(1.) Being aggrieved by order dated 9.1.2007, passed by Consumer Disputes Redressal Commission, Mumbai (short, "Consumer Commission"), Petitioner/complainant has filed the present revision petition.

(2.) Brief facts are that petitioner wanted to purchase a tractor and for that purpose, he took financial assistance from respondent no.1/opposite party no.1. The total outstanding dues were Rs.7,50,176/-. Admittedly, petitioner had failed to pay EMI as per schedule. As per terms and condition of the Hire Purchase Agreement, the vehicle was repossessed. Respondent no.1 issued notice to the petitioner and asked him to pay the outstanding dues till 28.6.2002. Respondent no.1 had specifically informed the petitioner that on failure to deposit the outstanding dues, the vehicle will be sold in auction. Petitioner did not pay the outstanding dues. Hence, the vehicle was sold for Rs.4,30,000/- and sale proceeds were adjusted against the outstanding dues and petitioner was supposed to pay remaining amount of Rs.77,000/- to respondent no.1.

(3.) District Consumer Disputes Redressal Forum, Yavatmal (for short, "District Forum") before whom petitioner filed a complaint under section 12 of the Consumer Protection Act, 1986, (for short, "Act") dismissed the same, holding that there is no deficiency on the part of respondent no.1.