Decided on June 06,2008

Escorts Consumer Credit Ltd. Appellant
R.A. Vineela Respondents


- (1.) AGGRIEVED by the order in CD No. 327 of 2001 on the file of District Forum -I, Hyderabad the opposite parties preferred this appeal.
(2.) THE brief facts as set out in the case are that the complainant paid a sum of Rs. 12,790 to Adi Laxmi Motors Private Limited as down payment and balance of Rs.31,450 financed by opposite party No. 1 under hypothecation agreement dated 11.2.2000 as loan amount and the said loan shall be payable at Rs. 2,125 in EMI. It is submitted that the complainant's husband met with an accident on 23.12.2000 and the complainant had to meet his expenditure towards treatment, because of which he could not pay the monthly instalments totalling Rs. 6,375. In all the complainant paid to the opposite party a sum of Rs. 32,295 including the down payment. On 27.3.2001 without issuing any notice to the complainant forcibly took away the vehicle which was in the custody of her brother. The complainant's husband visited opposite party No. 1 and offered to pay the balance instalments amount and pay back their money in case vehicle is not given back. The complainant got issued a legal notice dated 10.4.2000 but did not receive any reply. Hence the complaint.
(3.) OPPOSITE party filed counter stating that the Forum has no jurisdiction to entertain the dispute and it is to be settled only by arbitration. The complainant had defaulted within a few months of the payment and therefore opposite parties acted as per the terms and conditions of the agreement by resorting to repossession of the vehicle which is their legal right as per the hire purchase agreement. Hence there is no deficiency of service on their behalf. The District Forum based on the evidence adduced i.e., Exs. A1 to A13 and Exs. B1 and B2 allowed the complaint directing opposite party to pay Rs. 25,000 along with costs of Rs. 1,000.;

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