- (1.) THIS appeal is directed against, order dated 28.7.2011 of District Consumer Disputes Redressal Forum, Sarguja, Ambikapur (C.G.) (hereinafter called "District Forum" for short), passed in Complaint Case No.81.2010, whereby the complaint of the complainant/appellant has been dismissed on the grounds that the complainant does not come in the category of "consumer" as defined in Section 2(1) (d) of the Consumer Protection Act, 1986 (hereinafter called "Act" for short) and the allegation levelled against the respondents./OPs in respect of illegal repossession of the vehicle in question, against the terms of the Hire Purchase Agreement, has also been not found proved.
(2.) UNDISPUTEDLY , a 10 wheeler truck bearing Registration No. 15 -A -5184 was purchased by the complainant from the respondent Nos. 2 and 3 with the help of finance provided by respondent No. 1, under a Hire Purchase Agreement. Amount of Rs. 1,23,000 was deposited by the complainant with O.P.No. 2 at the time of executing Hire Purchase Agreement as down payment and the amount of finance was to be repaid in 45 instalments of Rs. 32,778.29 as first instalment and thereafter Rs. 31,778.29 per month as instalments till payment of last instalment. On account of some financial constraints, the complainant could not pay the instalments in time, then O.P. Nos.2 and 4 repossessed the vehicle and auctioned it.
(3.) THE allegation of complainant against the OPs was that the questioned vehicle was forcefully repossessed by use of muscleman contrary to the provisions of law and when complainant contacted to O.P Nos. 2 to 4, and requested them to return the vehicle, then mere assurances were given and nothing concrete was done. The complainant was even ready to pay 1/4th of the due amount and it was assured by the O.P. Nos. 2 and 4 to return the vehicle after deposit of such amount, but even then the vehicle was auctioned and even after its auction, some amount has been shown due against the appellant and No Dues Certificate was not provided. The amount of Rs. 1,23,000, which was deposited by the complainant as down payment has also been not returned along with interest and thus financier as well as seller both have committed deficiency in service and so a consumer complaint was filed before District Forum on the aforesaid allegations seeking compensation of Rs. 1,23,000, along with interest and Rs. 5,000 as compensation for mental agony and also seeking direction to the OPs to provide No Dues Certificate. The complaint was resisted by the OPs by filing separate written version. It has been stated in the written versions that the vehicle in question was given on Hire Purchase to the complainant. In the year 2006, against the required amount of Rs. 2,81,599.89 only Rs.1,70,700 were deposited and thus there was continuous default in making payment. Thereafter from January, 2007 to September, 2007 no amount of instalment was paid continuously for nine months. When complainant failed to pay the amount of finance, then as per terms of the Hire Purchase Agreement, the questioned vehicle was repossessed by the financier, for which it was having authority. The vehicle was then sold and even thereafter Rs. 54,813.10 are still due against the complainant.;