ARIF PASHA Vs. ENFIELD BUSINESS FINANCIERS LEASING LTD

JUDGEMENT

(1.) In this complaint under Sec.17 read with Sec.12 of the Consumer Protection Act, 1986 , the Complainant has sought compensation in a sum of Rs.2,23,149.35 Ps. from the Opposite Party.

(2.) It is the case of the Complainant that he purchased a light motor vehicle Swaraj Mazda, bearing Registration No. CAW 1000 on 25.8.89 for a sum of Rs.2,48,851.97 Ps. The Complainant further averred that he availed a loan of Rs.1,80,000/- from the Opposite Party and invested his own amount of Rs.62,851.97 Ps. and purchased the said vehicle. Thereafter, he spent a sum of Rs.30.000/- to improve the condition of the said vehicle.

(3.) It is nextly the case of the Complainant that he was to make payment of the said amount of loan which he had obtained from the Opposite Party in 42 monthly installments of a sum of Rs.6,885/- but he was able to make payment only of 12 installments regularly upto 25.8.90. Subsequently when he failed to make payment of further installments the Opposite Party took away the vehicle in the month of November, 1990 and sold it in the month of January, 1991 and credited the said amount so realised from the sale of the said vehicle to the account of the Complainant and the balance amount of Rs.4,430/- offered to pay to the Complainant. It is the grievance of the Complainant that even though he had offered to make payment of the entire loan amount in the month of Feb. , 1991 but by that time the Opposite Party had sold the vehicle and had credited the said amount to the account of the Complainant.