05.08.2022

O R D E R

BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

1.    This is an appeal filed U/s.41 of CPA 2019 by Complainant/Appellant aggrieved by the order dtd.16.03.2021 passed in CC/45/2020 on the file of Davanagere DF.
2. The Commission examined the impugned order and grounds of appeal.
3. It is submitted by the Appellant/Complainant that, Forum below has not properly considered the activity in question.  The Complainant has purchased the vehicle for eking out his livelihood by renting the lorry, does not amounts to commercial activities, but facts remain found from the enquiry that he is bound by hypothecation, terms and conditions agreed between parties. It is not in dispute that, he availed loan of Rs.26,78,408/- to purchase lorry reg.no.KA16D1452 and agreed to pay EMI with down payment of Rs.2,31,484/-. The Forum found as on the date of filing the complaint, his loan account with OP was over due to the extent of Rs.5,00,647/- and to that effect a demand notice was issued by OPs to the Complainant, besides he was due to repay EMI on 12.02.2020, yet raised this complaint alleging deficiency in service does not call for any interference is hereby dismissed with no order as to cost.

4. Notify copy of this Order to the District Commission and parties.

                                              Judicial Member                                       

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