TATA MOTORS LIMITED Vs. CHANDANI SAXENA

JUDGEMENT

(1.) This is an appeal under Section 15 of the Consumer Protection Act, 1986 (the Act) directed against the order passed by the District Consumer Disputes Redressal Forum, Bilaspur on 31.12.2004 (hereinafter referred to as the "District Forum" for brevity) in Complaint No. 199/2003. The District Forum allowing the complaint has directed the OP to pay Rs. 1,00,000 as compensation, Rs. 14,742 recovered by way of other charges, and Rs. 500 as cost of the complaint.

(2.) Brief narration of the complainant is that she obtained a Maruti Car registered as No. CG-10-0513 from the OP-2 on hire purchase. Complainant defaulted in payment of certain loan instalments. Complainant served a notice by the OPs calling upon the complainant to pay Rs. 1,04,630.25 the entire amount of loan including the amount of future instalments within 14 days. The said notice dated 16.11.2002 was received by the complainant on 5.12.2002. It is alleged that the car was snatched away from the complainant on 14.12.2002, i.e. before the expiry of the notice period. It is alleged that the OPs had no right to take away the car before the expiry of the notice period. It is also submitted that the complainant was ready to pay the dues. Total compensation of Rs.1,39,742 for inconvenience, etc. has been prayed for. It has also been requested that the OPs be directed to issue a No Objection Certificate stating that there are no outstanding dues from the complainant.

(3.) It is submitted on behalf of the OP-2 in reply that the OP-2 is obtaining possession of the vehicles of defaulters as per hire purchase agreement on behalf of the OP-1. All the allegations of the complainant have been denied and it is stated that the cheques issued by the complainant have been dishonoured on 13 occasions. It is also submitted that the vehicle was repossessed in as per the terms of agreement between the parties.