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DHANANJAY PRASAD SINGH, MOHAN LAL ROY
Magma Fincorp Ltd. – Appellant
Versus
Ravi Pratap Shahi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M/s. Praveen Jaiswal, R. Kumar.
For the Respondent: Mr. S.J. Roy.

JUDGMENT :

DHANANJAY PRASAD SINGH, J.

1. This appeal by M/s. Magma Fincorp Ltd. is filed against order dated 14.12.2009 passed in Complaint Case No. 78/08 by District Consumer Forum, Ranchi directing it to pay Rs. 1,00,000/- for alleged deficiency in service with cost of litigation at Rs. 2000/- within two months failing which to pay interest @ 18% p.a. also.

2. Admitted facts between the parties are that Shri R.P. Shahi acquired one Maruti Wagon-R with finance from the Opposite Party/appellant on 23.9.2004 and agreed to pay back the dues with interest in sixty equal installments of Rs. 6000/- each month. This amount was given in post dated cheques. As further stated Rs. 12,769/- was also paid for the insurance of the vehicle. Some dispute regarding timely insurance of the vehicle cropped up when the Wagon-R met with accidents on 2006 and 2007. Thereafter the complainant deposited the sum of Rs. 1,72,872/- on 26.7.2007 with request to issue NOC. Then the’ complainant was lodged for deficiency on the grounds that NOC was not issued and claimed interest on delayed payment of insurance sum.

3. The Opposite Party/appellant appeared on notice to deny deficiency and further claimed due of Rs

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