INDIRA BANERJEE,J. - (1.) This appeal is against an order dated 2nd August, 2018 passed by the National Consumer Disputes Redressal Commission [hereinafter referred to as the 'National Commission'], dismissing Revision Petition No.5 of 2018, filed by the Appellant [hereinafter referred to as the Financier], under Section 21(b) of the Consumer Protection Act, 1986, against an order dated 31st August, 2017 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh [herein after referred to as the 'State Commission'], dismissing Appeal No. 1704 0f 2008 filed by the Financier, and affirming the order dated 22nd August, 2008 passed by the District Consumer Disputes Redressal Forum, Ambedkar Nagar, Uttar Pradesh [hereinafter referred to as the 'District Forum'], whereby the District Forum allowed Complaint Case No. 105/2005 filed by the Respondent, Rajesh Kumar Tiwari [hereinafter referred to as the 'Complainant'], and directed the Financier to pay Rs. 2,23,335/- to the Complainant, along with interest at 10% per annum, Rs 10,000/- towards physical and mental injury and Rs 1000/- as litigation expenses.
(2.) On or about 2nd August 2002, the Complainant entered into a hire-purchase agreement with the Financier, then known as Magma Leasing Ltd. for hire-purchase of a Mahindra Marshal Economic Jeep bearing the Registration No. UP-42-T/1163, which is hereinafter referred to as the 'vehicle', the cost whereof was Rs.4,21,121/- of which the complainant made an initial payment of Rs.1,06,121/-. According to the Financier, an amount of Rs.1,04,000/- from out of the initial payment of Rs.1,06,121/- was paid by the complainant to the dealer directly. The balance amount of Rs.3,15,000/- was paid by the Financier.
(3.) The Complainant agreed to repay a sum of Rs.4,38,585/- which was inclusive of finance charges of Rs.83,650/- to the Financier in 35 monthly instalments of Rs.12,531/-, commencing from 1st August, 2002. The monthly instalments were to be paid till 1st June, 2005. The Complainant apparently deposited post dated cheques ofRs.12,531/-.;