STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission: 21.08.2023 Date of Final Hearing: 21.08.2023 Date of Pronouncement: 20.09.2023 First Appeal No. 266 / 2016 Tata Motors Finance Ltd. c/o Branch Manager, Dehradun Above Bata Showroom, Shimla Bye-pass Road, Saharanpur Road P.O. Majra, Dehradun (Through: Sh. Deepak Ahluwalia, Advocate)

…..Appellant VERSUS Sh. Kamal Kumar Bandhani S/o Sh. Janardhan Bandhani Through Shantanu Badola R/o 26/27, EWS, Typee-II, MDDA Colony, Kedarpuram, Post Office Defense Colony, Dehradun (Through: Sh. Pankaj Raturi, Advocate)

…..Respondent Coram:

Ms. Kumkum Rani, Judicial Member II Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, Judicial Member II):

This appeal has been directed against the judgment and order dated

08.04.2016 passed by the learned District Consumer Disputes Redressal Forum, Dehradun (hereinafter to be referred as the District Commission) in consumer complaint No. 212 of 2014 styled as Sh. Kamal Kumar Bandhani Vs. Tata Motors Finance Ltd., wherein and whereby the District Commission has passed the impugned judgment directing the opposite party (appellant) to pay insured amount Rs. 2,72,041/- alongwith Rs. 40,000/- as compensation and Rs. 10,000/- as costs of the suit to the complainant within a period of 30 days from the date of judgment, failing which the complainant shall also be entitled to get simple interest @ 8%

per annum from the date of filing the petition till its actual realization.

2. The facts giving rise to the present appeal, in brief, are as such that the complainant booked a vehicle Tata Sumo Gold D.I.C. X.E.-3 bearing registration No. UK07-TA-6267 from the Oberoi Motors, Post Office Majra for Rs. 5,53,978/-. After completing all the formalities, it was financed by the opposite party; the complainant paid Rs. 1,73,478/- in cash to the financer – opposite party on dated 05.06.2012 and received a receipt thereof from the opposite party. The above vehicle was financed for Rs. 3,80,000/- with repayment of instalment of 48 months of Rs. 11,563/- and the last instalment was to be payable on dated 02.06.2016 under the hire- purchase agreement. After purchasing the vehicle, the complainant has additionally incurred Rs. 50,000/- in installing of front guard, rear guard, luggage carrier etc. in its decoration. The complainant has purchased the vehicle for livelihood of self and his family and has taken the All India Tourist Permit after incurring Rs. 25,000/- to the R.T.O. The complainant has paid two installments, one by cheque No. 45786 and second installment by depositing cash Rs. 12,000/-. In the month of August, 2012, when the complainant was coming back, his vehicle could not come back in time on account of interruption of road, therefore, he has to suffer financial loss. In the month of August, 2012, the gear box of the vehicle was not properly working, therefore, the vehicle was brought to the workshop of the Oberoi Motors within warranty period and it was handed over to the complainant on dated 06.09.2012. Meanwhile, the health of the complainant’s father has deteriorated, therefore, he has to go to his parental home Village Tunna, Post Bhrigukhal, District Pauri Garhwal; on such account the vehicle could not be plied in the month of September, 2012. During the month of October, 2012, the complainant could not pay the installment on account of financial crisis. On dated 28.10.2012, when the complainant was going to Badrinath in booking, but the vehicle suddenly stopped on the road due to some technical fault till two days, therefore, the booking was cancelled and the vehicle was repaired by the local mechanic; it was further brought to Rishikesh by paying charges as Rs. 12,000/- through recovery van and thereafter brought the vehicle from Devprayag to Dehradun to the workshop of the Oberoi Motors. After the lapse of 90 days, the Oberoi Motors has handed over the vehicle to the complainant on dated 19.11.2012 and he paid Rs. 4,560/- to the