Heard learned counsel for the appellant. He fails to produce necessary agreement.  

2.        Captioned appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.        The case of the complainant in nutshell is that the complainant being an educated youth has purchased one Indica Car bearing Registration No. OR-02-AD-7045 by incurring a loan of Rs. 1,78,000/- from the opposite party. It was agreed between the parties to repay the loan amount in  36 monthly equal instalments commencing from 1.12.2006. However, the opposite party no.1 was requested to transfer the ownership and for that also, the complainant paid Rs.5000/- to opposite party no.1. After possession, the complainant changed four tyre and other accessories. Further, it is alleged that opposite party no.1 never handed over the ownership,  R.C. Book and other documents in spite of repeated request by the complainant for which the vehicle could not be used. The complainant paid three instalments and thereafter stopped the payment. The complainant could not use the vehicle due to want of documents. He failed to earn anything by using the vehicle. As such, on 23.06.2007 the vehicle was repossessed by opposite party no.1. The complainant met opposite party no.1, but the matter was not solved. So complaint is filed.

4.        The opposite parties filed their joint show cause by stating that they have extended the time for execution of hire purchase agreement. The complainant paid Rs.60,000/- as down payment and promised to repay the rest finance of Rs. 1,80,000/-. There was agreement to pay the loan in 36 installments, but the complainant has defaulted in paying the same for which the opposite party no.1 repossessed the vehicle and notice was issued. The complainant remained silent for which the vehicle was sold to a third party for Rs. 1,25,000/- which was adjusted against the loan amount.

5.        After hearing the learned counsel for the parties, learned District Forum have passed the following order:-

                            xxxxx                  xxxxx

             “That the complaint petition is allowed on contest against O.Ps without cost. The O.Ps. are to refund the amount received from the complainant and to pay compensation of Rs. 50,000/- (Rupees Fifty Thousand) for their deficiency of service. This is to be paid within three months from the date of this order. Parties are to bear their own cost.”

                       xxxxx              xxxxx

6.        Learned counsel for the appellant submitted that the learned District Forum committed error in law by not considering the written version in proper perspectives. According to him, they have no agreement presently available but they have possessed the same, yet he is ready to comply with the order of the learned District Forum if the amount of compensation is reduced.

7.        Considered the submissions, perused the D.F.R. and the impugned order.

8.        It is not in dispute that the vehicle was purchased by the complainant by incurring loan from the opposite party. It is also not in dispute that the complainant did not pay all the instalments. It is also not in dispute that the vehicle was repossessed by the opposite party and it was also sold out. Now the question arises as to whether the complainant proved the deficiency in service on the part of the opposite party. No reason is given to justify the action of the opposite party. Since re-possession of the vehicle with notice to the complainant not proved, there is deficiency in service on the part of the opposite party.

9.        So far the payment of compensation is concerned, we are of the view that compensation of Rs. 50,000/- should be reduced to Rs. 40,000/-. While confirming the impugned order, we modify the impugned order in relation to payment of compensation from Rs.50,000/- to Rs. 40,000/- which is  payable by the opposite party to complainant within a period of 45 days failing which it will carry 18% p.a. from the date of payment till the date of order.

           Since the vehicle has been sold out, the opposite party should issue N.O.C. in respect of the vehicle to the complainant within above period.  

10.     The appeal is accordingly disposed of. No cost.

           DFR be sent back forthwith.

          Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.