JUDGEMENT
B.C.KANDPAL, J. -
(1.) THIS is complainant 's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 15.02.2010 passed by the
District Forum, Dehradun in consumer complaint No. 156 of 2007. By the
order impugned, the District Forum has partly allowed the consumer
complaint and directed the opposite parties to pay a sum of Rs.
(2.) ,83,777/ - to the complainant. Not satisfied with the relief awarded by the District Forum, the complainant has filed this appeal for enhancement.
2. In brief the facts of the case are that in February - March 2006, the complainant purchased a truck from the opposite party No. 3 at a cost of
Rs. 8,08,468/ - which was allotted registration No. UA10 -4810. The said
truck was insured with The Oriental Insurance Company Limited for the
period from 15.02.2007 to 14.02.2008 at an IDV of Rs. 6,70,000/ -. The
truck was registered as Goods Carriage and Goods Carriage Permit was
granted in favour of the complainant by the Transport Department,
Uttarakhand. The truck was financed by the opposite party No. 1 - M/s
Tata Motors Ltd. Complainant deposited sum of Rs. 81,000/ - with the
opposite party No. 3 towards margin money and also deposited sum of Rs.
7,000/ - in cash and sum of Rs. 7,20,000/ - was financed by the opposite parties. The complainant was regularly paying the loan installments. On
22.06.2007, the opposite party No. 2, on the directions of the opposite party No. 3, illegally and forcibly got the repossession letter of the
vehicle signed. The complainant got the notice issued to the opposite
parties. The complainant has alleged that the opposite parties have
illegally repossessed the vehicle which is causing loss @Rs. 2,000/ - per
day to the complainant. The complainant has deposited total sum of Rs.
4,33,716/ - upto 24.03.2007. The complainant thereafter filed a consumer complaint before the District Forum, Dehradun and prayed that the vehicle
be handed over to him and the margin money deposited by him be adjusted
and also sought certain other reliefs.
The opposite party No. 1 filed written statement before the District Forum and pleaded that the complainant did not pay the loan installments
in time and has committed breach of the contract entered into between the
parties. Inspite of granting loan to the complainant, the complainant did
not pay sum of Rs. 73,519/ -. The complainant through his driver Sh. Daya
Ram, handed over the vehicle to the authorised agent, intimation whereof
was given to the police and inventory was prepared at the spot. The
vehicle was auctioned and the same was purchased by Sh. Kuldeep for sum
of Rs. 5,50,000/ -. After adjusting the amount, sum of Rs. 8,915/ - is due
against the complainant. The opposite party No. 1 in para 16 of its
written statement has given the details of the amount paid by the
complainant and has worked out the difference amount as Rs. 1,99,939/ -.
The said detail has also been quoted by the District Forum in the
impugned order.
(3.) THE opposite party Nos. 2 and 3 also filed their written statement before the District Forum and pleaded that sum of Rs. 7,20,000/ - was
financed by the opposite party No. 1.;
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