KAHAN SINGH Vs. CHOLAMANDLAM INVESTMENT FINANCE COMPANY LTD
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Cholamandlam Investment Finance Company Ltd
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(1.) THIS appeal is directed against the order passed by District Forum, Mandi, in Consumer Complaint No. 45/2008, decided on 11.12.2008 whereby the complaint of the appellant was dismissed with no orders as to costs, by reserving the liberty to him to approach the Civil Court.
(2.) FACTS of the case as they emerge from the record are, that appellant had got financed his vehicle, (Tempo Trax) No. HP -65 -0519 from the respondent. As per schedule of agreement, the appellant was to re -pay the financed amount with interest, etc., in 36 equated monthly instalments of Rs. 10,626 to the respondent. Further averments in the complaint are, that despite making payment of all the instalments to the respondent, the appellant asked for the release of the vehicle from hypothecation and to issue the No Objection Certificate (NOC).
(3.) IN this background, complaint under Section 12 of the Consumer Protection Act, 1986 was filed by the appellant alleging deficiency of service on the part of the respondent.
Respondent when put to notice resisted and contested the complaint, and its plea was that there was no deficiency of service on its part since the full payment of the instalments has not been paid by the appellant. As according to it, there -was default of payment and Rs. 39,532 was still payable by him. As such question of issuing NOC in favour of appellant does not arise.;
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