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V.K.JAIN, ANUP K.THAKUR
Mahindra & Mahindra Financial Services Ltd. – Appellant
Versus
K. Alfred – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Naresh Kaushik, Mr. Nishant Gautam, Advocates
For the Respondent: In person

JUDGMENT

V.K. Jain, Presiding Member—The complainant/respondent obtained finance to the extent of Rs. 1,00,000/- from the petitioner company for purchase of a vehicle and a loan agreement dated 25.09.2006 was executed between the parties. The wife of the complainant stood as guarantor for the loan taken by him. The vehicle was allegedly surrendered by the wife of the complainant on account of the inability of the complainant to pay the dues of the petitioner company. The respondent thereupon lodged a complaint alleging forcible repossession of his vehicle. The vehicle was returned to the complainant, on the orders of the learned Metropolitan Magistrate. The complainant again defaulted in payment of the said loan and the vehicle was therefore, repossessed on 17.07.2009. The police, on a report lodged by the complainant, seized the vehicle and delivered it to the complainant on 21.07.2009. The petitioner company initiated arbitration proceedings against respondent in terms of the arbitration agreement between the parties and an award in its favour was delivered on 05.05.2014. In the meanwhile, the complainant approached the concerned District Forum by way of a complaint alleging forci


















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