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FA 620/2018

Date of filing :27.12.2018

Date of order :10.08.2021

MAHARASHTRA STATE CONSUMER DISPUTE

REDRESSAL COMMISSION,MUMBAI, BENCH AT

AURANGABAD.

FIRST APPEAL NO. : 620 OF 2018

IN COMPLAINT CASE NO.: 153 OF 2018

DISTRICT CONSUMER FORUM : AURANGABAD

L & T Finance Limited,

7^th floor, Technopolis, A-wing, Plot No.4,

Block-BP, Sector-V, Salt Lake,

Kolkatta- 700091.

Reg.Branch Office,

L & T House, N.M.Marg, Ballard Estate,

Mumbai -400 001 and its Corporate Office at

Metropolitan, 8 th floor, C-25/C-26,

“E” Block, Bandra Kurla Complex,

Bandra(East),

Mumbai – 400 051

Through its authorised Officer,

Mr.Onkar Arvindrao Jinturkar,

Br.Office-1^st floor, Bhagya Nagar,

Near Ratnaprabha Hero Honda Showroom,

Opp.LIC Office, Adalat Road,

Aurangabad.

…APPELLANT

VERSUS

Akhtar Begum Akbar Khan,

R/o Peer Bazar, Osmanpura,

Aurangabad.

..RESPONDENT

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

Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv. R.K.Bhakade for appellant,

Adv. A.S.Gaikwad for respondent.

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FA 620/2018

J U D G M E N T

(Delivered on 10/08/2021)

Per Mr.K.M.Lawande, Hon’ble Member.

(1)

The appellant L&T Finance Limited has filed this appeal

under Section 15 of consumer Protection Act , 1986 against the

order of district forum Aurangabad in consumer complaint

No.153/2018 dated 19/10/2018.

(2)

The appellant is the opponent and the respondent is the

complainant in the consumer complaint 153/2018. The appellant

and respondent are hearinafter referred to as opponent and the

complainant as per their status in the consumer complaint before

the District Forum. The District Consumer Dispute Redressal

Forum is hearinafter referred to as the District Forum for the

sake of convenience.

(3)

It is the case of complainant that she obtained loan of

Rs.51,000/- from the opponent for purchasing of two wheeler

Honda Unicorn, RTO No. MH20DU 6460. The loan amount was to

be repaid in 30 monthly instalments of Rs. 2,253/-. The amount

of Rs. 30,000/- is paid as down payment, the complainant paid

instalments regularly. However, the complainant could not pay

further instalments due to her own problems. The opponent seized

the vehicle without notice to the complainant. Due to seizure of

the vehicle, the complainant faced many difficulties. The

complainant approached the opponent and requested to release

the vehicle and shown her readiness to pay the total amount.

Accordingly, the complaint paid Rs.40,000/- to the complainant

and the complainant released the vehicle. However, the opponent

did not issue No Objection Certificate(NOC) to the complainant.

The complainant also issued notice on 02/ 08 /2017 to opponent .

Whenever the complainant enquired for the NOC, the opponent

used to reply that NOC will be given within short period. However

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FA 620/2018

the complainant did not receive the NOC from the opponent. The

complainant therefore filed consumer complaint before the

District Forum requesting directions to opponent to issue NOC to

the

complainant,

complainant

also

claimed

Rs.1,00,000/-

compensation.

(4)

The opponent did not appear before the District Forum in

spite of service of notice, the matter was accordingly proceeded

exparty against the opponent. The District Forum allowed the

complaint partly. The District Forum also directed to issue NOC

to the complainant and further awarded compensation of

Rs.15,000/- towards the mental agony to the complainant.

(5)

Aggrieved by the said impugned order, the opponent filed

the appeal before this Commission on the grounds that the

District Forum failed to appreciate that the receipt of Rs. 40,000/-

which is

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