Heard learned counsel for the respondent. None appears for the appellant. On the last occasion both parties have been heard. However, it will be a futile exercise to wait for the appellant. Therefore, the matter is disposed of on the materials available on record.

2.      Here is an appeal 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 factual matrix leading to the case of the complainant is that the complainant has purchased a  10 wheeler truck bearing Registration No. OR-04-F-5976 from the OP on execution of loan-cum-hypothecation agreement payable on 45 instalments for the period from 20.1.2013 to 20.9.2016. It is alleged inter alia that on 2/3.4.2014 some unknown culprits had stolen away such vehicle. Thereafter, the matter was reported to the police as well as the OP. The surveyor was deputed who computed the loss at Rs.5,35,500/- and accordingly, issued cheque to the financer/OP. Thereafter, the OP on 22.10.2014 has adjusted the entire amount. Not only OP adjusted such amount in the present outstanding but also future instalment. All these things happened without the knowledge of the complainant. Finding no other way, complainant filed the complaint.

4.      OP filed written version challenging the jurisdiction of the learned District Forum. OP further stated that the complainant is no more a consumer under them and the claim was vague and absurd. Thus, they have no any deficiency of service.

5.      After hearing both parties, learned District Forum  passed the following impugned order:-

                             “xxx   xxx   xxx

            The OP is directed to only adjust the principal loan amount without charging any interest up to 20/09/16 from the date of receipt of the insurance claim. The balance amount shall be refunded  to the petitioner with 9% interest per annum  from the date of receipt of the insurance claim till its realization. The OP also directed to refund the amount taken from the petitioner more than 9% as on DPC on overdue amount within one month after receipt of the order.”

6.      The appellant took the plea in the appeal memo that learned District Forum has committed error in law by directing the OP to adjust the principal loan amount without charging interest from 20.9.2016 and to return the rest of the amount with 9% interest. Learned District Forum ought not to have passed such impugned order as that was not part of their agreement. However, learned District Forum having passed the impugned order has resorted to re-write the contract which is not permissible under law Therefore, the impugned order should be set aside by allowing the appeal.

7.      At the same time, learned counsel for the respondent submitted that the settlement of claim is not a dispute but the conduct of the appellant Financé Company is a matter of concern. According to him the OP after receipt of money has no business to reschedule the loan amount and claimed further amount with interest. It is his duty to only receive the concerned amount from the insurance company and adjust the same against the loan amount already existing. On the other hand, he supports the impugned order.

8.      Considered the submission of learned counsel for  the respondent and perused the DFR including the impugned order.

9.      The onus lies on the complainant to prove the deficiency of service on the part of the OP.

10.    It is admitted fact that the complainant has reported the matter of stolen of property to the insurance company and surveyor has already settled the amount at Rs.5,35,500/-. It appears that the complainant and OP have filed the materials. It is true that any extra amount already charged should be refunded to the complainant. In this regard, there is thorough discussion by the learned District Forum. Hence, this Commission do not find any merit in the appeal. Therefore, the impugned order is confirmed and the appeal stands dismissed. 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.