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J.M.MALIK
STIFAN Tigga – Appellant
Versus
Cholamandalam Investment & Finance Co. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mohd. Anis U.R. Rehman, Advocate
For the Respondents:Mr. Akshay Dhawan, Advocate

ORDER

J. M. Malik, Presiding Member—Sh. Stifan Tigga, the complainant in this case took loan in the sum of Rs.7,59,000/- for purchase of a truck from M/s Cholamandalam Investment & Finance Co. Ltd., who were arrayed as OPs-1 & 2. The said loan amount was re-payable from 01.03.2003 in 35 monthly instalments @ Rs.27,378/-. The complainant paid the instalments regularly and where there was some delay, he paid penal interest till 02.03.2005. The OPs re-possessed the truck in question forcibly at the time when the truck was carrying coal from Gevra-Korba to Raigarh. The complainant filed a complaint before the District Forum. Vide its order dated 24.01.2012, the District Forum observed:-

“11. Xxxxxxx The letters which are attached in the case it is clear that when the installment of loan were not paid regularly then the OPs have sent the notice to the complainant that within seven days the complainant may come to the office and solve the dispute otherwise the disputed vehicle will be repossessed by the OPs. The OPs by giving notice have repossessed the vehicle and as per the account statement of the complainant and the documents which are filed it is clear that the truck was sold by giv

















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