MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD THROUGH ITS AUTHORIZED SIGNATORY PUNEET SINGH LEGAL EXECUTIVE Vs. RAJENDRA PRASAD DAS S/O SHANKAR DAS

JUDGEMENT

(1.) The complainant/respondent took a loan of Rs.1,05,000/- from the petitioner for purchasing a machine. The said loan was repayable in 48 installments of Rs.4760/- per month. He having defaulted in payment of the installments, the vehicle was repossessed on 08.12.2011 and was later sold for a consideration of Rs.1,35,000/-. Being aggrieved, the complainant approached the concerned District Forum by way of a Consumer Complaint, seeking return of his vehicle alongwith compensation.

(2.) The complaint was resisted by the petitioner which inter-alia alleged that the complainant was a defaulter he having failed to pay the installments for the loan taken by him. It was further stated in the reply filed by the petitioner before the District Forum that the pre-possession notice as well as notice after seizure/surrender of the vehicle was also given to the complainant.

(3.) The District Forum vide its order dated 25.09.2012, directed the petitioner to pay a sum of Rs.1,60,000/- as compensation to the complainant alongwith cost of litigation quantified at Rs.4,000/-. It was further directed that the petitioner will not claim any amount from the complainant in receipt of the loan outstanding in his name.