K.S.CHAUDHARI
Director, Berar Finance Ltd. – Appellant
Versus
Satishkumar Prabhakarrao Borker – Respondent
K.S. Chaudhari, Presiding Member—This revision petition has been filed by the petitioner against order dated 03-08-2012 passed by the learned State Consumer Disputes Redressal Commission, Maharashtra (in short, ‘the State Commission’) in Appeal No. A/00/2028 – Director, Berar Finance Ltd. Vs. Satishkumar Prabhakarrao Borker, by which while dismissing appeal, order of the District Forum allowing complaint was upheld.
2. Brief facts of the case are that one Mr. Shaikh Imam borrowed loan of Rs.30,000/- from opposite party/petitioner on 18-11-1998 and purchased motor cycle for Rs.44,960/- and hypothecated with opposite party. Amount was to be repaid in 24 monthly instalments of Rs.1,688/- and agreement was executed between them. Complainant/respondent on 16-02-1999 purchased aforesaid motor cycle from Shaikh Imam through agent of opposite party and opposite party agreed to transfer the loan amount of Shaikh Imam in complainant’s name and complainant agreed to re-pay outstanding dues of loan amount of Shaikh Imam. Complainant paid Rs.28,416/- to opposite party from time to time and also issued four cheques for payment of balance amount which could not be encashed due to mistake of o
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