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J.M.MALIK, S.M.KANTIKAR
SHRIRAM TRANSPORT FINANCE CO. LTD. – Appellant
Versus
BAPU APPA SURYAWANSHI – Respondent


Advocates Appeared:
Lenin Singh Hijam, Advocate, for the Appellant; Sandeep S. Deshmukh, Advocate, for the Respondent

ORDER

J.M. Malik, (P.M) - This order shall decide the above said two revision petitions which are filed by both the OPs, separately, against the same order of the State Commission, dated 13.11.2009. The case of Sh. Bapu Appa Suryawanshi, the complainant, is as follows. The complainant had availed loan of Rs. 4,00,000/- from Citicorp Finance (I) Ltd., on 02.02.2003 for purchase of a Tata Tempo. He was to repay the same in 45 equal instalments @ Rs. 12,669/- p.m. The complainant deposited a sum of Rs. 1,06,700/- with the Citicorp Finance (I) Ltd, OP1 and Shriram Transport Finance Co. Ltd., OP2. He had agreed to pay the said amount up to 23.12.2006, in 45 equal monthly instalments. However, on 23.06.2004, the OPs issued notice dated 23.06.2004 demanding the amount of Rs. 85,000/- within eight days from the receipt of the notice. The said notice was replied and the OPs were aware of the fact that a sum of Rs. 2,66,000/- had already been paid. It is surprising to note that Shriram Transport Finance Co. Ltd., OP2, had forcibly obtained the possession of the Tempo on 21.06.2004, i.e., prior to sending of the notice. After re-possession of the vehicle, the same was sold without giving furth

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