ORDER :

S.B. Sawarkar, Member

The present appeal is filed against the order of the Additional District Forum, Nagpur dated 28.10.2009 in CC No. 78/2009 granting the complaint and directing the O.P. to return the complainant’s investment of Rs. 1,90,000 with Rs. 50.000 as compensation of loss and Rs. 1,000 as cost of complaint. Further permitted to O.P. to appropriate the due amount of Rs. 22,782.33 from the above amount to be taken from the complainant. The order to be executed in the span of one month from receipt in failure to provide interest at the rate of 12% on the decretal amount from 23.6.2009.

2. The brief complaint of the complainant is that he took a loan of Rs. 3,20,000 from the O.P. and investing his Rs. 1,90,000 purchased a L.M.V. Tractor on higher purchase scheme. He repaid Rs. 2,37,600 of the loan. However, was facing difficulty in paying the EMI regularly due to domestic problems. However, the O.P. without notice attached the tractor under duress from him on 24.1.2009 and gave him a notice to pay Rs. 2,26,126 thus committed deficiency in service. He therefore, g