SUNDAR Vs. A GANESAN
LAWS(TNCDRC)-2008-12-15
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 12,2008

SUNDAR Appellant
VERSUS
A Ganesan Respondents

JUDGEMENT

- (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 circumstances: The complainant has availed a loan of Rs. 33,000 from the opposite parties under the Hire Purchase Agreement dated 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 dishonoured 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. The District Forum has allowed the complaint by granting relief as stated therein, against which the present appeal is filed.;


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