CAPITAL TRUST LTD. Vs. SANJAY DUTT & ANR.

JUDGEMENT

(1.) FACTUAL matrix of this case in brief are that a T.V.S Motorcycle was purchased by the complainant, Shri Sanjay Dutt on hire purchase basis by availing finance from M/s. Capital Trust Ltd. At the time of delivery, the complainant paid margin money of Rs. 18,438 against Rs. 43,435, price of the vehicle. The balance was to be paid in equal monthly instalments. It is the case of the complainant that he had paid Rs. 33,920 till July 2005. Subsequently, the hire purchaser forcibly took possession of the vehicle and sold the same, forcing the consumer to file a complaint before the District Forum.

(2.) THE financier contended that the cost of the vehicle is Rs. 43.435 against which the amount financed was Rs. 30,000 and amount paid was Rs. 18,435. The hire purchaser submitted before the District Forum that as the complainant had not paid the amount, he was served with the notice. However, they denied that any force was used.

(3.) DISTRICT Forum disbelieved the contention of the respondent that no force was used and directed the opposite parties, the trader and financier to pay to the complainant the admitted amount of Rs. 33,920 paid by complainant himself in addition to Rs. 5,000 as compensation and Rs. 1,000 towards cost of litigation.