- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 26.8.2002 in Complaint No. 01/01 by District Consumer Disputes Redressal Forum, Dhamtari ( the District Forum ) directing that the amount of Rs. 45,800/ - paid in excess, by the complainant/appellant be adjusted from the payment towards hire purchase instalments by the complainant.
(2.) THE facts not in dispute are that the complainant/respondent herein obtained finance of Rs. 2,85,500/ - with interest at the rate of 17 per cent per annum from the financier/appellant. The amount was to be paid as per stipulation between the parties.
(3.) IN the complaint, the complainant/respondent alleged that the amount of finance inclusive of interest which was required to be repaid amounted to Rs. 4,11,120/ -. As per averments in the complaint, the complainant/respondent deposited Rs. 3,38,700/ - till 12.5.2000 towards the said agreement. It was further averred that the appellant refused to accept further amount sought to be deposited by the complainant. The complainant averred that the appellant had acknowledged payments made by the complainant in the pocket diary of the complainant. However, the appellant/financier did not issue proper receipts, for the payments made by the complainant/respondent.;