S.SIVAKUMAR Vs. INDO ASIAN FINANCE LTD
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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K.SAMPATH, J. -
(1.) The complainant in O.P.No.130/2001 on the file of the District
Consumer Disputes Redressal Forum, Chennai (South) is the appellant
herein. It is seen from the materials on record as follows:-
(a) The complainant entered into a lease agreement with the opposite
party on 13/01/2000 taking on lease a lorry under hire purchase
arrangement. The lease agreement was entered into for the asset in 'as is
where is' condition. It was the responsibility of the complainant to
obtain the fitness certificate and insurance cover. There was default in
the payment of rental. It would appear that the complainant handed over
the vehicle to some third party without the permission of the opposite
party and the 3rd opposite party also committed default in the payment of
the E.M.I. The complainant put forward a case that he was advised to
transfer the loan account and so he did that. Since the new party
Ms.Rashida Begum failed to pay the instalments, the vehicle was
repossessed by the opposite party. Though the transferee operated the
vehicle for 140 days, she did not clear the loan account. According to
the complainant he was being pulled up for non-payment of the loan
instalments. In these circumstances, the complaint came to be filed for a
direction to the opposite parties to pay damages in a sum of
Rs.2,77,200/- towards loss of reputation, mental agony and for a
direction to replace the vehicle and to pay the costs.
(2.) According to the opposite parties without the written permission of
the opposite party the vehicle had been handed over to Ms.Rashida Begum.
The default in the lease rental continued. In such circumstances, the
opposite party was compelled to take back the vehicle and also due to
unauthorised use of vehicle by third party. There was no deficiency in
service on the part of the opposite party.
(3.) Before the District Forum, on the side of the complainant Exs.A1 to
A16 were marked while on the side of the opposite party Exs.B1 to B5 were
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