NEELAM CHATURVEDI Vs. M G F INDIA LTD

JUDGEMENT

(1.) The complaint of the appellant was dismissed vide impugned order dated 23.2.1994/8.4.1994 solely on the ground that the appellant is not entitled to the relief sought by her, as the hire-purchase agreement entered into between the parties does not entitle her to any relief on account of deficiency in service on the part of the respondent.

(2.) Admittedly the appellant entered into an agreement with the respondent for the purchase of motor vehicle by paying initial amount of Rs.23,400/- and the balance in equal monthly instalments. The delivery of the vehicle was made to her on 30.6.1987, the date of agreement. In spite of the fact that the entire payment by way of instalments was made by the appellant, the respondent declined to issue 'no Objection Certificate' for transfer of the vehicle in her name. The District Forum interpreted the hire-purchase agreement as a lease agreement for the period of two years whereafter the respondent was entitled to take back the possession of the said vehicle.

(3.) The view taken by the District Forum is entirely erroneous and not in terms of the hire-purchase agreement. It is not understandable as to how the respondent would become the owner of the vehicle after having received the full amount of the cost of the vehicle by way of initial deposit of Rs.23,400/- and the remaining amount paid by way of instalments. Therefore, no other alternative is left with the respondent but to provide 'no Objection Certificate' for transfer of the vehicle in question in the name of the appellant and by not doing so, the respondent is guilty of deficiency in service and unfair trade practice.