ORDER

Narendra Kawde, Member - This appeal takes an exception to an order dated 13.12.2011 passed in consumer complaint No. 101/2011 by District Forum, Nashik. District Forum while allowing the consumer complaint filed by the complainant present respondent was partly allowed and directed the appellant/opponent to pay an amount of Rs. 3,24,171 together with interest @ 9% p.a. with effect from 1.9.2008 with ancillary relief of Rs. 15,000 for mental agony and Rs. 1,000 as costs of litigation.

2. Aggrieved with the impugned order, appellant/opponent filed this appeal on the ground that provisions contained in loan agreement executed between the appellant and the complainant/respondent have not been properly appreciated by the District Forum and more particularly, Clause 12(1) of the loan agreement which empowered the appellant/opponent to seize and repossess the hypothecated vehicle on default of payment of loan amount. Further it is the ground taken by the appellant that appropriate notice dated 20.9.2010 was issued to the complainant/respondent prior to auctioning the vehicle for default of payment of loan amount. However, though sufficient notice was given, the complainant did not com