CHAMAN LAL Vs. SHINE BLUE HIRE PURCHASE PVT. LTD.

JUDGEMENT

(1.) WHEN hearing in this case commenced, Mr. Soni, learned Counsel for the appellant submitted that the impugned order is bad in law and is thus liable to be set aside, thereby remanding back the case to the District Forum below for its decision on merits.

(2.) ADMITTED facts of this case are that two buses were got financed by the appellant under Hire Purchase Agreements with the respondent.

(3.) THESE buses were illegally and without any authority of law as well as in violation of the terms of the Hire Purchase Agreements were taken over in an arbitrary manner by the respondent -Financier per Mr. Soni. Though the appellant had paid major portion out of the sum for which these buses had been financed and was even ready and willing to pay the balance amount if any, therefore, his client is entitled for the return of the buses on payment of balance amount if any after accounts are gone into and also for damages sustained by him for number of years because of taking over of these buses. Respondent further disposed of both the buses illegally without any right. This has resulted in causing further loss to the appellant. Mr. Soni also pointed out that since part of cause of action arose in favour of the appellant within the jurisdiction of District Forum, Kangra from where the buses were taken into custody by the respondent, as such the District Forum below had the jurisdiction to have adjudicated upon the matter, as part of cause of action under Section 11(c) of the Consumer Protection Act, 1986 accrued in favour of his client within Kangra District.