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SAROJ SHARMA, CHANDER SHEKHAR SHARMA
Mahindra and Mahindra Financial Services Ltd. – Appellant
Versus
Kaptan Singh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Vivek Negi, Advocate.
For the Respondent No. 1: None.
For the Respondent No. 2: Ex-parte.

ORDER

Chander Shekhar Sharma, Member—This appeal is directed against the order of District Consumer Disputes Redressal Forum, Chamba, H.P., dated 27.3.2009 passed in Consumer Complaint No.45/2007, whereby the complaint of the respondent No.1 was partly allowed and the appellant was directed to handover the possession of the vehicle within 30 days after the receipt of copy of the impugned order, failing which to refund Rs.2,09,650 to the respondent No.1 with interest @ 9% per annum from the date of complaint, till its realization and further the appellant was directed to pay Rs.5,000 as compensation. Litigation cost was also quantified at Rs.2,000.

2. The facts of the case as they emerged from the complaint are that that the respondent No.1 had purchased one Tata Sumo vehicle bearing registration No.PB-10T -2382 for a sum of Rs.4,34,810 from the appellant through its agent respondent No.2. on 28.10.2004 and out of total consideration of said amount, the respondent No.1 had paid Rs.1,20,000 in cash to the appellant on the same day and for balance it was got financed from the appellant vide agreement No.B-54760 and monthly installment had been settled at Rs.8,500 per month. Further ave














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