M/S. MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD. 2ND FLOOR, SADHANA HOUSE, 507 P.B MARG, WORLI THROUGH ITS AUTHORISED SIGNATORY, GULSHAN KUMAR LEGAL EXECUTIVE, MUMBAI Vs. ASLAM SARFARAJ SHAIKH AND 2 ORS. R/O WARD NO

JUDGEMENT

(1.) This case is received on transfer. Counsel for the petitioner is present. Counsel for respondent No.3 has filed the Vakalatnama but he is absent. Respondent No.1 was served through registered AD but he is absent. They be proceeded against ex parte. Respondent No.2 is RTO Officer. He is not a necessary party. His name is deleted.

(2.) Arguments heard.

(3.) Shri Aslam Sarfaraj Shaikh, the complainant, purchased Mahindra Max vehicle from Sriram Automobiles, Ahmednagar in the month of July 2005. The complainant obtained loan in the sum of Rs.3,82,000/- from the petitioner-OP No.1, M/s. Mahindra & Mahindra Financial Services Ltd.. The petitioner found some technical problem in the car's gear box but the District Forum has come to the conclusion that there was no manufacturing defect. This is indisputable fact that the complainant could not make the payment of installments of loan to the above said finance company. The finance company gave notice dated 26-10-2007 demanding the outstanding loan of Rs.51,047/-. Another notice was sent on 05-12-2007 demanding a sum of Rs.76,489/-. The petitioner also gave ultimatum that the said amount be paid within seven days otherwise the vehicle would be seized. The needful was not done. Therefore, the finance company repossessed the vehicle on 07-02-2008. The District Forum allowed the complaint partly and directed the opponent finance company to issue no dues certificate to the complainant and also to pay Rs.10,000/- towards the mental and physical harassment and Rs.1,000/- as costs to the complainant.