DEWAR MOTORS @ DEWESH MOTORS Vs. UTTAM BHUYIA

JUDGEMENT

(1.) This revision is directed against the order of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred as "State Commission) dated 12.7.2016 in first appeal No.361/2014 whereby the State Commission concurred with the order of the District Forum and dismissed the appeal preferred by the petitioner/opposite party against the said order.

(2.) Briefly stated, facts relevant for the disposal of this revision petition are that the respondent/complainant filed a consumer complaint before the concerned District Forum alleging that he purchased a taxi on hire purchase basis after getting finance from the petitioner/opposite party. The loan amount was Rs.2,56,000/-. As per the hire purchase agreement it was payable in monthly instalments of Rs.10,200/- each. According to the respondent/complainant he paid 35 instalments amounting to Rs.3,57,000/-. Despite that the petitioner/opposite party illegally repossessed the taxi. The opposite party referred the matter to the arbitrator and during the arbitration proceedings the respondent/complainant came to know for the first time that against the finance of Rs.2,56,000/- he was supposed to pay a total sum of Rs.4,92,800/-. Being aggrieved the complainant raised a consumer dispute by approaching the District Forum South 24 Pargana, Judges' Court Alipore, Kolkata.

(3.) Petitioner on being served with the notice of the consumer complaint filed written statement wherein it was pleaded that the consumer complaint is not maintainable because the subject matter of dispute was already under consideration of the arbitrator. It was also pleaded that the complainant had defaulted after making payment of 32 monthly instalments.