M.T.Unadkat,J. - (1.) THE appellant/original opponent has filed present appeal challenging the order passed by the Consume Disputes Redressal Forum, Surat (Additional) in Complaint No. 910 of 2013 dated 31.7.2013.
(2.) For the sake of convenience, the parties shall be referred to complainant and the opponent in the judgment. Heard Mr. D.M. Soni, learned Advocate for the appellant original opponent. The respondent is duly served. However, he did not remain present though the matter was adjourned from time to time. Therefore, the matter is proceeded ex parte. Following facts are not in dispute: (i) The complainant has purchased autorickshaw bearing Registration No. GJ -5 -VV -825 for a sum of Rs. 67,000. (ii) The complainant has borrowed a loan for a sum of Rs. 67,000 from the opponent on 19.5.2006. (iii) The complainant agreed to repay the loan by 25 monthly instalments, each of Rs. 4,000. (iv) The complainant has paid a sum of Rs. 69,200 upto 12.9.2007 (as per table shown in para 2 of complaint). (v) The autorickshaw is in possession of the opponent upto January 2008. (vi) The complainant was duly served with the notice dated 2.6.2007 for default for payment of the remaining instalments. The complainant has not paid any amount thereafter nor replied to the notice. After receiving the notice, the complainant has paid a sum of Rs. 5,000 on 11.6.2007, Rs. 24,000 on 12.7.2007 and Rs. 8,000 on 12.9.2007, total sum of Rs. 37,000. Thereafter, the complainant did not pay any amount. (vii) The complainant was served with notice dated 14.3.2008 by the opponent. The complainant was informed that he has surrendered the rickshaw as he was not able to pay the instalments. The complainant was directed to pay the remaining instalments with interest and to take the possession of the rickshaw. (viii) The complainant has not give any reply to the notice dated 14.3.2008 and has filed consumer compliant before the Forum on 24.9.2008. (ix) The opponent filed reply and contended that the complainant failed to pay the instalments as per the agreement between the parties. The complainant surrendered the rickshaw before March 2008. Thereafter the complainant did not pay any amount though duly served with the notice dated 14.3.2008. The appellant original opponent has not used any force to take the possession of the rickshaw. (x) The learned District Forum allowed the complaint and directed the appellant original opponent to hand over the possession of the said rickshaw by accepting Rs. 8,000 with interest or in the alterative to pay a sum of Rs. 69,200 with interest from 20.1.2008. (xi) The opponent has challenged the impugned order by filing the present appeal.
(3.) THEREFORE , there is no dispute between the parties as regards the borrowing loan for a sum of Rs. 67,000 and repayment by 25 monthly instalments, each of Rs. 4,000. As per specific admission by the complainant, there is default in repayment of the instalments. As per table shown in para 2 of the complaint, the complainant has paid a sum of Rs. 68,200 upto 12.9.2007. As per say of the complainant, the said rickshaw is repossessed on 20.1.2008. If that be so, there is no payment from September 2007 to January 2008. There is specific default in repayment of the instalments. The complainant has further admitted in para 4 of the complaint that a sum of Rs. 8,000 by way of overdue of two instalments were due when the rickshaw was repossessed by force by the opponent. This is also an admission on the part of the complainant that there was default of two instalments when the rickshaw was repossessed.;