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D.P.CHOUDHURY
Branch Manager, Bhusan Auto Finance Pvt. Ltd. – Appellant
Versus
Shasanka Sekhar Jhankar – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:M/s. R.K. Rout & Associates, Advocate
For the Respondents:M/s. P.V. Balkrishna & Associates, Advocate

JUDGMENT

Dr. D.P. Choudhury, President.—Heard learned counsel for the appellant and learned counsel for respondent No.2. None appears for respondent No.1.

2. Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3. The case of the complainant in brief is that the complainant has purchased a new Yamaha Fascino Scooter having incurred loan from OP Nos. 2 and 3. There was agreement between the complainant and the financer to the effect that the loan amount would be recovered on instalment basis. The complainant alleged inter alia that on 11.7.2016 the post dated cheque of the complainant was sent by OP No.3 to OP No.1 for encashment but the said cheque was bounced on the ground that the complainant has no sufficient fund in his account. The complainant alleged that he had got sufficient fund in his account but OP No.1 made false stand of insufficient fund in his account for which it has got deficiency in service and unfair trade practice. Therefore, he filed the complaint.

4. OP No.1 who is the present respondent No.2

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