PBEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

FA. No. 152/2021 AGAINST ORDERS IN CC. No.459/2019 ON THE FILE OF DISTRICT FORUM-II, HYDERABAD Between :

Mohd. Nayeemuddin S/o Rafiuddin, Age:- 54 years, Occ:-Advocate, High court of Telangana.

R/o. H.No.8-2-602/14/1, Zehra Nagar, Banjara Hills, Road No.10, Hyderabad-500034.

.….Appellant/Complainant And The Manager, M/s. Nanesh Finance Corporation, G-7, Upper Ground Floor, Maheshwari Chambers, 6-3-650, Somajiguda, Hyderabad-500082.

……….Respondent/opposite party Counsel for the Appellant/Complainant : M/s. Jaweed Ali Counsel for the Respondent/opposite party : Mr. Nelson Mathew QUORUM: Hon’ble Smt.Meena Ramanathan, I/c. President &

Hon’ble Sri K.Ranga Rao - Presiding Officer-

Member- (Judicial).

FRIDAY, THE THIRTY DAY OF , MAY TWO THOUSAND TWENTY FIVE *****

Order : (Per Hon’ble Sri K.Ranga Rao- Presiding Officer-

Member - (Judicial).

1. This appeal is filed by the Appellant/Complainant U/s.41 of the Consumer Protection Act, praying this State Commission to allow the appeal and to set aside the impugned order of the District Forum-II, Hyderabad passed in CC. No. 459/2019 dt.09.02.2021 and consequently to dismiss the complaint.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The appellant herein was complainant and Respondent was the opposite party in the complaint bearing No.CC 459/2019 before the District Forum-II Hyderabad.

3. The brief case of the complaint are as follows:-

The complainant is an advocate of High Court of Telangana at Hyderabad, and he for the use of his family he purchased a Four wheeler car bearing no AP-BH-1416 (Scorpio Deluxe) amount for Rs.12,00,000/- (Rs.Twelve Lakhs only) for purchasing of said car he obtained the loan of Rs.2,50,000/- from the opposite party an executed an agreement to pay monthly installment of Rs.14,170/- by cash, up to March, 2015. The complainant paid Rs.1,05,430/- towards the said loan amount. Due to ill health and election code the complainant was unable to pay for the months of March 2014 and April 2014 but paid the same with the delay of one month through demand draft from SBI to opposite party.

It is the further case of the complainant that though he went to the office of the opposite party to pay all the installments at a time, with two demands drafts yet the opposite party refused to receive the amount of all the installments at a time including the installments amounts two demand drafts of March and April 2014.

Further the opposite party started harassing the complainant by way of trying to seize the vehicle, by threatening with the body builders and local gunda’s. But the complainant by bearing the same, represented to the Manger of the opposite party with pleasing manner and requested to receive the amount and return the vehicle documents i.e. Registration Certificate and Key of the Vehicle but the opposite party bluntly refused the same and abused the complainant in filthy language. On 28.05.2014 the complainant sent a legal notice to the opposite party informing him to receive the amounts of the installments and stop the harassment. But the same was of no use.

It is further case of the complainant that the value of the vehicle bearing no. AP-BH-1416 (Scorpio Deluxe) amount for Rs.12,00,000/- and requested to opposite party not to make any attempt to seize the said vehicle for he due amount of Rs.1,50,000/- . Yet there was no positive response from the opposite party. Therefore the complainant again sent Ex.A1 legal notice dt.19.05.2014 to the opposite party with a request not to seize the vehicle for paltry due amount of Rs.1,50,000/- but there was no reply from the opposite party. The complainant further submits that the opposite party by the phone calls mentioned in the below table harassed the complainant and subjected him to mental torture