SUNDAR MANAGER INDUS IND BANK LTD Vs. A.GANESAN
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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N.KANNADASAN, J. -
(1.) The appellants are the opposite parties and the respondent is the
complainant before the District Forum.
(2.) The complainant has approached the District Forum under the following
The complainant has availed a loan of Rs.33000/- from the opposite
parties under the Hire Purchase Agreement dt.14.7.2001 for the purchase
of motorcycle. The guarantor of the complainant has furnished 29 cheques
for the monthly instalments payable for every month. According to the
complainant even though the entire amount is paid as early as on
7.11.2003, the vehicle was repossessed by the opposite parties claiming
that further amount is due and payable by them, and hence the complaint.
(3.) The opposite party resisted the complaint by contending that several
cheques given by the complainant were dishonored and the payments were
not made in time and the complainant has not paid either the normal
interest or the penal interest, which is governed by the terms of the
Hire Purchase agreement. It is further contended that as per the Hire
Purchase Agreement, the opposite parties are entitled to repossess the
vehicle and if at all the complainant has got any grievance, he has to
invoke the arbitration clause as set out in the agreement and accordingly
prayed for the dismissal of the complaint.;
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