SATBIR SINGH Vs. H.D.F.C. BANK LTD. AND ORS.

JUDGEMENT

(1.) CHALLENGE in this First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short the "Act") by the Complainant, is to order dated 21.11.2012, passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short the 'State Commission') in Complaint Case No. 54 of 2011. By its impugned order, the State Commission dismissed the Complaint on the ground that under the Hire Purchase Agreement, it is the financer, who is the owner of the vehicle and therefore, taking possession of the vehicle on the ground of non -payment of installment is the legal right of the financer.

(2.) THE Complainant pleaded that he had purchased the Canter for the purpose of earning his livelihood. After receiving the first installment of 12,016/ -, the first Opposite Party, returned the cheque No. 0164871 to the Complainant on 19.1.2006 and endorsed receipt on the reverse of the cheque.

(3.) IT was pleaded by the Complainant that on 2.12.2006, the first Opposite Party forcibly took possession of the said Vehicle from the Complainant's son. The Complainant averred that he had paid all the due installments on time and that he had paid 1,39,630/ - for 11 months though the total installments amounted to 1,32,176/ - only.