CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED Vs. KAMAL SINGH
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
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(1.) MEMBERBOTH these appeals have arisen out of the order passed by District Forum Kangra, at Dharamshala in Consumer Complaint No. 47/2005 on 29.8.2008, as such they were heard together and are being disposed of with this common order.
(2.) APPEALNO . 213/2009 has been filed by Cholamandalam Investment and Finance Company Limited, hereinafter to be referred to as the "OPs" for setting aside the order of District Forum below. Vide impugned order, District Forum below has partly allowed the complaint of Shri Kamal Singh son of late Shri Partap Singh, R/o Village and Post Office Chhanchhari,Tehsil Palampur, District Kangra, Himachal Pradesh, hereinafter to be referred to as the "complainant" and it was ordered that the OPs are jointly and severally liable to pay an amount of Rs. 50,000 to the complainant within a period of 30 days after the receipt of copy of order failing which it will carry interest at the rate of 7% per annum from the date of complaint till realization. Litigation cost was also quantified at Rs. 2,000.
(3.) APPEAL No. 267/2008 has also been
filed by the complainant against the OPs for enhancement of compensation, etc.
Facts of the case as they emerge from the record are that the complainant had purchased one mini bus Tata 709 by raising loan to the tune of Rs. 4,40,000 from the OPs vide agreement dated 28.6.2003. Margin money of Rs. 1,01,098, one advance instalment of Rs. 15,400. Rs. 500 on account of cheque clearing charges and 34 post -dated cheques worth Rs. 15,400 of Kangra Central Cooperative Bank, Branch Wahe -Da -Patt were given to the OPs for liquidating the loan amount.;
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