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C.VISWANATH
Navneet Jha – Appellant
Versus
Magma Shrachi Finance Limited – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Rajesh Kumar Bhawnani, Advocate
For the Respondent:Mr. Suman Tripathy, Advocate

ORDER

C. Viswanath, Presiding Member.—The case of the Petitioner/Complainant is that he purchased Tata Truck LPT 2515 CEX, Registration No.C.G.04-J.A-3730. He took a loan of Rs.11,25,000/- from the Respondent/Opposite Party, which was to be repaid in 56 monthly instalments commencing from 30th July, 2007 to 20th February, 2012. According to the Petitioner, he repaid an amount of Rs.14,13,120/- till November, 2011. An amount of Rs.52,730/- was still due to be paid. On 04.12.2011, the Opposite Party forcibly took possession of the vehicle with the help of muscleman. The value of the vehicle at that time was Rs.11,00,000/-. On 14.12.2011, the Complainant filed a written report with the Superintendent of Police, Kawardha, District Kabirdham, Chhattisgarh and on 15.12.2011 sent a legal notice to the Opposite Party. In reply to the notice, Opposite Party asked the Complainant to deposit an amount of Rs.5 lakhs for release of the vehicle. On 29.12.2011, the Complainant deposited the said amount with the Opposite Party and also filed an objection that the vehicle should not be auctioned. The Opposite Party, even after receiving the amount had not returned the vehicle. Hence, the Petitioner

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