SUNNY AND ORS Vs. RAJESH TRIPATHI

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 13.09.2007 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 2135 of 2005 Sani & Ors. Vs. Rajesh Tripathi by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/respondent obtained loan of Rs.1,50,000/- from OP No. 3/Petitioner No. 3 in last week of December, 2000 on interest @ 16% p.a. At the time of obtaining loan, OP got signatures of complainant on many blank papers and revenue stamp on the blank paper, though, copy of loan agreement and details of loan were not provided to him. It was further submitted that no time limit was fixed for repayment of loan and interest was payable on annual basis. Complainant paid interest from time to time as mentioned in para 2 of the complaint and after 2.6.2001, total amount of Rs.94,000/- remained outstanding against him as principal amount and Rs.15,040/- remained outstanding as interest upto 30.6.2002. It was further submitted that complainant paid Rs.1,00,000/- on 1.6.2002 against total outstanding amount of Rs.1,09,040/-. It was further submitted that in the absence of complainant, OP No.1/Petitioner No. 1 took away Rs.60,000/- from complainant's wife and also took away original registration certificate of his jeep UP-31-D-2387 and thus, obtained Rs.50,839.47 in excess which were not refunded to him. It was further submitted that in connivance with OP No. 4, OP got endorsement of hire purchase in favour of OP No.3 from RTO, though; jeep was not taken on hire purchase from OP. Alleging deficiency on the part of OP, complainant filed complaint before District forum for refund of Rs.50,839.47 and for deletion of endorsement of Hypothecation in registration certificate along with compensation. OP No. 1, 2 & 3 resisted complaint and submitted that vehicle was taken on hire purchase by complainant from OP and denied loan of Rs.1,50,000/- at the rate of 16% p.a. to complainant. It was further submitted that amount received on hire purchase agreement was to be repaid in monthly installments of Rs.7,733/- and complainant deposited Rs.60,000/- in OP's office against installments and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to refund Rs.50,839.47 with 9% p.a. interest and further directed to get deleted hire purchase endorsement on registration certificate and further awarded compensation of Rs.10,000/- and cost of Rs.1,000/-. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

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