JUSTICE DEEPA SHARMA (ORAL) THROUGH VIDEO CONFERENCING

1.      The present revision petition has been filed by the petitioner (hereinafter referred as complainant) challenging the order dated 8.1.2014 of the State Commission in appeal no. 1222/2008. 

2.      The complainant had filed a complaint in the year 2008 in the District Forum alleging the deficiency in service on the part of respondent no.1 & 2 who are the financers and hereinafter referred as the financers.

3.      The brief contentions of the complainant were that at the time of purchase of his Tata Sumo Jeep bearing registration number as MH-26-741, he obtained a loan of Rs.3,14,000/- from the financer which was payable in 47 equal monthly installments.  He paid 19 installments regularly till 2.11.2005 and thereafter defaulted in making the payments.  His vehicle was repossessed by the financer on 20.12.2005 without giving any notice.  It was subsequently sold without informing him.

4.      The contention of the respondent had been that on account of default in payment of the installments, a notice dated 14.11.2005 was issued to the complainant asking him to make the payments and since no payment was made even thereafter, the vehicle was repossessed and was also sold as per procedure.  It was contended that there was no deficiency on the part of the financer.

5.      Parties led their evidences before the District Forum and the District Forum after considering all the contentions of the parties and perusing the documents on record reached to the following conclusion : (The translated order, original is in Marathi)

Issue No.2 :

                  The applicant has obtained loan of Rs.3,14,000/- from the non-applicant.  Due to non-payment of loan amount and applicant therefore becomes the defaulter, the non-applicant has repossessed from the applicant.  After repossessing the non-applicant has sold out the said vehicle and accepted its amount.  These all facts clear through the documents placed over before the forum.  The non-applicant has repossessed the vehicle of applicant in the year 2005.  The non-applicant has sent notice on dated 14.11.2005 for payment of remaining amount.  The applicant even after notice has not repaid the non-applicant after 3 months i.e. on dated 10.06.2004 sold out the vehicle for Rs.1,90,000/- after selling the vehicle the non-applicants has not contacted though any letter moreover after obtaining the selling amount out of the said vehicle the non-applicant has not demanded the remaining unpaid amount.  After perusing notice it reveals that the non-applicant has not demanded the remaining unpaid amount.  After perusing notice it reveals that the non-applicant had intimated to the applicant on dated 4.12.2007 about remaing amount of Rs.22,086/- the applicant has replied on dated 19.01.2007.  The applicant has obtain loan amount from the non-applicant the non-applic