S.SIVAKUMAR Vs. INDO ASIAN FINANCE LTD
LAWS(TNCDRC)-2008-4-29
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 01,2008

Appellant
VERSUS
Respondents

JUDGEMENT

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 marked.;


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