ASHOK LEYLAND FINANCE LTD Vs. KRISHNA YADAV

JUDGEMENT

(1.) IN this revision, challenge is to the order dated 17.11.2003 of Consumer Disputes Redressal Commission, Chattisgarh, Raipur dismissing appeal against the order dated 22.9.2003 of a District Forum whereby petitioner/opposite party was directed to refund 2% additional charges and issue no dues certificate to the respondent/complainant. Respondent executed a hire-purchase agreement dated 7.4.1998 in favour of petitioner company for purchase of a vehicle and issued 22 post-dated cheques towards repayment of hire-purchase amount. Petitioner realised Rs. 42,000/- towards 2% additional charges and did not issue no dues certificate to the respondent. Feeling aggrieved, the respondent filed complaint against the petitioner. Although, petitioner did not file written version but affidavit of Mukesh Verma was filed on its behalf before the District Forum which allowed the complaint in the manner noticed above.

(2.) IN pursuance of order dated 1.3.2004, the petitioner has filed the copy of affidavit of Mukesh Verma. In this affidavit, it has not been specifically mentioned as to on which date 22 cheques admittedly issued by the respondent by way of instalments were presented for payment and as to when amounts thereof received. In the absence of those details, general averment made in para No. 3 of the said affidavit in regard to 2% additional charges having been added in the account of respondent on account of amounts of cheques having been paid very late cannot be accepted. There is no illegality or jurisdictional error in the order passed by Fora below warranting interference in revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986. Revision petition is, therefore, dismissed.