Date of filing :29.03.2022 Date of order :23.05.2023 MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO.: 199 OF 2022 IN COMPLAINT CASE NO.: 333 OF 2021 DISTRICT CONSUMER FORUM: AURANGABAD.

The Manager, Cholamandalam Finance Co.Ltd, Branch Aurangabad, Through its Branch Manager Mr.Padmakar Kale, Sahkar Nagar, Dudh Dairy Galli, In front of Varad Hospital, Aurangabad, Through its authorised representative, Mr.Yogesh Krushnarao Naik, R/o Dargah Road, Aurangabad, Tq.Dist.Aurangabad. …APPELLANT VERSUS Rahul Ashok Pande(Died), Through wife Jayshree Rahul Pande, R/o Jai Bhavani Nagar, Sillod, Tq.Sillod, Dist.Aurangabad. …RESPONDENT.

CORAM : Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv. N.P.Wangikar for appellant, Adv. Karnik for respondent.

J U D G M E N T (Delivered on 23/05/2023)

Per Mr.K.M.Lawande, Hon’ble Member.

1. Being aggrieved by the judgment and order dated 24/02/2022 passed by District Forum , Aurangabad in C.C.No. 333/2021 appellant/org.opponent has preferred this appeal.

2. The appellant is the opponent and the respondent is the complainant in complaint No.333/2021 before District Consumer Dispute Redressal Forum. The appellant and respondent are hereinafter referred to as ‘opponent ’ and ‘complainant’ as per their status in the complaint and District Consumer Disputes Redressal Forum is referred to as ‘District Forum’ for the sake of convenience.

3. The case of complainant in brief is that, vehicle/Bullet motorcycle bearing RTO No.MH-20FD-0779 is in the name of her deceased husband Rahul Pande who died on 06/06/2020 in an accident. The vehicle was purchased by him obtaining loan of Rs.1,29,000/- from opponent and EMI is fixed Rs.3723/- per month and payments are made regularly to opponent till the death of deceased Rahul. There is repayment of Rs.78,183/- till filing of the complaint. She is the legally wedded wife and legal heir of the deceased. After the death of her husband the opponent has repossessed the vehicle illegally and sold it when the complainant was in deep grief due to death of her husband. There is no pre-sale notice given to her before selling of the vehicle. She is interested in keeping the vehicle with her in memory of the deceased. She visited opponent many times and requested in writing to return the vehicle. The opponent did not give acknowledgements about receipt of her application. She is ready to pay the future EMI also. She has given legal notice through advocate to opponent . However, it is not replied by opponent. It was also informed to opponent in the notice that opponent shall not sell the vehicle till disposal of application No.66/2021 for getting heirship certificate before Judicial Magistrate(J.D). However, the opponent without looking into the objections and requests of complainant sold the vehicle illegally and without her consent. She has also made complaint to police station. However, police did not take cognizance of her complaint. She has also sought help of “Lokmat Help Line”. However, could not get any relief. She is consumer of opponent . Therefore she has filed the consumer complaint before District Commission, Aurangabad on 13/08/2021 and requested District Commission to give directions to opponent to pay Rs.1.5 lacs along with 18% interest or return the vehicle to her. Complainant also prayed for directions to opponent to pay Rs.30,000/- towards mental agony and Rs2000/- towards cost of litigation.

4. The opponent appeared before the District Commission filed their reply and denied the adverse allegations. It is admitted that loan of Rs.1,29,000/- was extended to deceased Rahul Pande on 16/11/2018 and EMI of Rs.3727/- for 48 months was fixed. It is replied that after the death of the deceased on 06/06/2020, his mother Smt.Vijay Ashok Pande gave application on 20/06/2020 to opponent and submitted the application by repossess the vehicle and close the loan account as it not possible for