PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LIMITED Vs. KRISHNA AUTAR

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the Act ) against the judgment and order dated 21.4.1993 passed by the District Consumer Forum, Shahjahanpur in Complaint Case No. 432/1992.

(2.) HEARD Mr. M.H. Khan, Advocate, learned Counsel for the appellant and Mr. R.K. Gupta, Advocate, learned Counsel for the respondent and perused the record.

(3.) THE main thrust of the argument of Mr. Khan in support of the appeal was that once there was a breach in the payment of quarterly instalment of Rs. 387.50, the appellant was entitled to deduct the said sum while making the payment of the full sum of the Endowment Policy on its maturity. It was also argued by Mr. Khan that the receipt on which the reliance was placed by the District Forum was not relevant at all and more so no opportunity of hearing was offered and as such the appellant was rendered unable to participate in the proceedings to put up its stand. Mr. R.K. Gupta, on the other hand, stressed that the payment receipt of the quarterly instalment was placed before the District Forum which supports that there was payment of the instalment which was said to be not paid by the appellant and as such the District Forum s finding does not suffer from any infirmity.