B LALITHCHAND NAHAR Vs. G BOMMAI

JUDGEMENT

(1.) The complainant in O.P. No. 583/2000 on the file of the District Consumer Disputes Redressal Forum, Chennai (South) is the appellant in A.P. No. 266/2002 and the opposite party is the appellant in A.P. No. 573/2001. We dispose of both these appeals by the following common order.

(2.) The complainant s case was as follows : In spite of receipt of the last and final instalment of hire purchase money from the complainant and repeated demands the opposite party had not sent the RC book and keys pertaining to the vehicle No. TN-09 L 1889. He had also collected an excess amount of Rs. 100 towards payment of vehicle tax and failed to refund the excess amount. In such circumstances, the opposite party was liable to pay Rs. 1,00,000 as compensation in addition to direction for return of RC book and keys.

(3.) The opposite party resisted the complaint contending inter alia as follows : The complainant was not a consumer. As per the Hire Purchase Agreement, the complainant had to pay the tax and not the opposite party. The opposite party pledged the RC book with the bank to avail re-finance. The complaint was liable to be dismissed.