ASHOK LEYLAND FINANCE LTD Vs. BRIJESH MOURYA

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act, 1986 ('the Act') directed against the order passed by the District Consumer Disputes Redressal Forum, Bilaspur (hereinafter referred to as the 'district Forum') in Complaint Case No.85/2005. The District Forum has held the appellant/o. P. deficient in service and directed that the repossessed Jeep from the complainant be returned to the complainant. It has also been directed that the O. P. shall pay Rs.20,000 with Rs.500 as cost of complaint to the complainant.

(2.) Complainant has averred that he had obtained a loan of Rs.50,000 from the O. P. as refinance for a jeep on 2.6.2003 which was repayable in 14 instalments. Pre-signed cheques were also given to the O. P. so that the same could be encashed in case of default in cash payments. Complainant defaulted in repayment of loan instalment but the O. P. instead of getting the said cheques encashed, simply snatched away the vehicle forcibly on 27.2.2005. No notice of default or repossession was given.

(3.) On being contacted, the O. P. intimated that an amount of Rs.8,976 and Rs.10,000 as charges for repossession will have to be paid. Despite payment of the balance amount of instalment of Rs.8,976 the vehicle was not returned. A compensation of Rs.50,000 has been prayed for.