- (1.) THIS appeal is directed against order dated 30.04.2013, passed by District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth "District Forum") in Complaint Case No. 122/2010. By the impugned order, learned District Forum, dismissed the complaint filed by the appellant (complainant). Hence this appeal. Briefly stated, the facts of the complaint of the appellant (complainant) before the District Forum are : that the appellant (complainant) obtained finance facility of Rs. 3,19,000/ - from previous financer Shrachi Security Ltd. Jabalpur for purchase of a pick -up vehicle for the business purpose on 31.01.2005 and the rate of interest payable was 4% p.a. The subordinate office of the financier Shrachi Infrastructure Limited modified the interest rate 7.5% p.a. and dispute arose between the parties, but when the appellant (complainant) had not paid the installments, the agent made compromise and fixed rate of interest as 4.5% p.a. According to this compromise 40 installments of Rs. 9,411/ - each were payable according to which the principal amount Rs. 3,19,000/ - and Rs. 57,420/ - totaling Rs. 3,76,420/ - was payable. According to compromise arrived between the parties, the appellant (complainant) paid a sum of Rs. 37,644/ - on 25.06.2005, which was the amount of four due installments and received, receipt and was paying installments per month @ Rs. 9,411/ - continuously and paid a sum of Rs. 3,66,818/ -. The introducer received a sum of Rs. 10,000/ - as gift along with last installment in absence of the appellant (complainant) from his father and its receipt is not available at present. The appellant (complainant) orally requested to the Financier to return the 5 nos cheque, which are bearing his signatures and to return the No Objection Certificate but the Financier had not given any response to his request. On 19.11.2009, the respondent (O.P.) sent notice to appellant (complainant) and forced him to pay the sum of Rs. 94,002/ -. To settle the above dispute, the appellant (complainant) contacted Raipur office of the financier, who assured him to apprise regarding the matter to his Head Office. The appellant (complainant) had written letters to the Head Office, Kolkata of the new financier and expressed his desire to pay the last installment doubling the amount, but the appellant (complainant) has not received any response. On 01.01.2010 and Raipur office of the financier sent a letter to the guarantor and instructed him to pay a sum of Rs. 1,38,877/ - which is illegal. Therefore the appellant (complainant) filed consumer complaint before the District Forum and prayed to give direction to the respondent (O.P.) to return the 5 Nos. cheques, No Objection Certificate and to pay a sum of Rs. 10,000/ - towards expenses incurred by him,
(2.) THE respondent (O.P.) filed its written statement before the District Forum and denied the allegations made by the appellant (complainant) in the complaint. The respondent (O.P.) pleaded that the respondent (O.P.) had not demanded any additional amount from the appellant (complainant) vide letter dated 01.01.2010. If any demand was made by the respondent (O.P.), then it was made legally and was in accordance with the agreement executed between the parties. The respondent (O.P.) made demand of the due amount from the appellant (complainant), which is as per law. Till the date the appellant (complainant) was required to pay more than Rs. 1,00,000/ - in which the amount of installments due and delayed charges are included and the appellant (complainant) was having knowledge regarding it. The appellant (complainant) has not stated in the complaint and his affidavit that his father had paid a sum of Rs. 10,000/ - as gift with last installment, to whom. The appellant (complainant) does not come in the category of consumer as defined in Consumer Protection Act, 1986 and learned District Forum has no jurisdiction to hear the case. Therefore, the complaint be dismissed.
(3.) LEARNED District Forum, after having considered the material placed before it by the parties, dismissed the complaint. In the instant the appellant (complainant) has filed an application under Order 41 Rule 27 CPC and he sought to file documents i.e. payments, receipts etc.;