HARIDIN GUPTA Vs. MAHINDRA & MAHINDRA FINANCE SERVICE LTD

JUDGEMENT

(1.) The following order of the Commission was delivered by Dr. (Mrs) Monika Malik, Member:

(2.) The case of the complainant is such that he had purchased a Max Pickup vehicle for a sum of Rs.3,89,060/-. The vehicle was financed via opposite parties/respondents and the finance amount was to be repaid in 32 instalments for a sum of Rs.10,830/- each. The complainant alleged that due to poor economic condition there was irregularity in payment of instalments. On suggestion of opposite party no.2, he had got the vehicle refinanced. On 15.03.2007, the opposite parties seized the complainant's vehicle after sending 5-7 anti-social elements. A panchnama was prepared and the complainant's driver Ramdhani was forced to sign the same. Demand regarding payment of loan instalments vide their letter dated 21.03.2007 was raised, but no notice before repossession of the vehicle was sent to the complainant. The complainant approached the Forum alleging deficiency in service on part of the opposite parties, seeking compensation.

(3.) The opposite parties resisted the complaint stating that the complainant was habitual defaulter. On his request, facility of refinance was extended, but he still failed to pay loan instalments. No muscle power was used for repossessing the vehicle. On the contrary, he himself had surrendered the vehicle to the opposite parties through his driver.