SHRIRAM TRANSPORT FINANCE CO. LTD. Vs. PANNALAL BAGHEL
LAWS(NCD)-2020-7-4
NCDRC
Decided on July 01,2020

SHRIRAM TRANSPORT FINANCE CO. LTD. Appellant
VERSUS
Pannalal Baghel Respondents


Referred Judgements :-

MARUTI FINANCE LTD. VS. S. VIJALAXMI [REFERRED TO]
MANAGER ICICI BANK LTD VS. PRAKASH KAUR [REFERRED TO]


JUDGEMENT

V.K.Jain, J. - (1.) The complainant who is petitioner in RP No.2112-2113 of 2013, purchased a second hand truck for Rs.11,67,500/- and got the same financed from the petitioner in RP No.1790 of 2013 to the extent of Rs.9 lacs. The loan amount was repayable in 36 monthly installments. The complainant paid installments upto May 2009 but thereafter, defaulted in payment of four installments. The vehicle was therefore, repossessed by the financer on 22.10.2009. The case of the complainant is that no notice was given to him before repossessing the vehicle and the same was repossessed forcibly without following the due legal process. The complainant therefore, approached the concerned District Forum by way of a Consumer Complaint seeking return of the truck or refund of Rs.7,61,832/- with interest and also sought compensation of Rs.2,00,000/- for financial loss and Rs.90,000/- towards mental agony.
(2.) The complaint was resisted by the financer who inter-alia stated in its reply that the complainant having defaulted in repayment of the installment, the vehicle was repossessed on 22.10.2009 with due intimation given to the concerned Police Station. The vehicle was thereafter, sold when the complainant did not respond to the demand letter sent to him on 19.01.2011.
(3.) The District Forum awarded compensation of Rs.7,61,822/- to the complainant alongwith interest towards the price of the truck and also awarded compensation of Rs.75,000/- towards financial loss and Rs.15,000/- for mental agony.;


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