S.C.VYAS,PRESIDENT - (1.) THIS appeal is directed against order dated 4.10.2007, passed by District Consumer Disputes Redressal Forum, Raigarh (hereinafter called "District Forum" for short) in complaint case No. 15/07, whereby the appellant company has been directed to refund Rs. 13,886.48 to the complainant and also to hand over No Objection Certificate (hereinafter "NOC" for short), second key of the vehicle and also security discharge certificate in respect of the vehicle which was purchased by the complainant under hire purchase agreement.
(2.) BRIEFLY stated the facts of the case are that the complainant purchased a four -wheeler vehicle bearing registration No. CG -13 -A -4255 with the help of finance provided by the appellant company. Rs. 1,19,000 were deposited by the complainant as margin money and Rs. 3,00,000 were provided as finance by the appellant company. It was asserted by the complainant that, he has repaid entire amount of finance with interest to the appellant company by 6.9.2006. As per the agreement after full payment of financed amount one Kalvinator refrigerator of 165 litres capacity, extra key of the vehicle, and security discharge documents, Rs. 60,000 equivalent to 50% of the amount of getting the vehicle repaired, etc. were to be paid by the finance company, which have not been paid to him and so the consumer complaint was filed.
(3.) IN reply, the finance company averred that amount of Rs. 50,000 was not deposited on 6.9.2006. Out of 29 monthly instalments there was deficiency in payment of few instalments. In all Rs. 56,953 were yet to be paid by the complainant and unless he pays that amount NOC, etc. are not liable to be provided to him. Learned District Forum after considering the material placed before it came to the conclusion that the complainant/ respondent has paid Rs. 75,820, which was more than the outstanding amount Rs. 61,933.52. In that way finding in respect of excess payment of Rs. 13,886.48 was recorded and order in respect of payment of that money has been passed.;