OM PRAKASH SHASHTRI Vs. ASHOK LEYLAND FINANCE LTD

JUDGEMENT

(1.) This appeal has been filed by the appellant under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as '1986 Act'), against the order dated 2.9.2003 passed by the learned District Forum, Jaipur-II, Jaipur whereby the complaint of the complainant-appellant was dismissed.

(2.) The brief facts giving rise to this appeal are that the appellant had taken a loan of Rs.19,836 from the respondents for purchase of a Bajaj Boxer motor cycle on 18.8.2001. The repayment of this loan was to be made by the appellant in 12 equated monthly instalments and the appellant had given eight post-dated cheques of Rs.2176 each to the respondents. The appellant stated that he wanted to refund the entire amount and wrote letter to the respondents in October and November, 2001 but the respondents did not reply. Thereafter on 21.5.2002, the respondents sent a representative to recover the outstanding dues. On this the complainant paid a sum of Rs.1000 to the representative in cash and the complainant paid an amount of Rs.23,936 to the respondents on 24.5.2002. In this way, the respondents recovered an amount of Rs.7,236 as interest from him. The complainant alleged that he obtained the statement of account on 25.6.2002 which showed that the respondents had recovered an amount of Rs.12,055 as excess but in fact, according to him, he had claimed an amount of Rs.15,231. He, therefore, filed a complaint in the Forum below claiming refund of the above amount and also damages of Rs.25,000.

(3.) The respondents replied by way of an affidavit that a hire-purchase agreement was executed by and between the parties under which the appellant had agreed to pay equated monthly instalments regularly in time. The respondents maintained that the appellant has not made the payments according to the terms of the agreement and that four of his cheques issued for the months from February 2002 to May, 2002 were returned unpaid by his bankers. It was alleged that the appellant has not come up with clean hands and had concealed these facts from the Forum below. The respondents claimed that as on date an amount of Rs.4894 is outstanding against the appellant. The respondents submitted that the appellant is not a consumer and the dispute raised by the appellant is such as can only be adjudicated upon by the Civil Courts and as such the complaint should be dismissed.