NCDRC

NCDRC

RP/1576/2010

KANHAIYA LAL GUPTA - Complainant(s)

Versus

MANAGER, MAGMA LEASING LTD. & ORS - Opp.Party(s)

MR. RAJESH KUMAR BHAWNANI

13 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1576 OF 2010
(Against the Order dated 30/03/2010 in Appeal No. 92/2009 of the State Commission Chhattisgarh)
1. KANHAIYA LAL GUPTAMain Road, TongpalDantewadaChhattisgarh ...........Petitioner(s)
Versus
1. MANAGER, MAGMA LEASING LTD. & ORSChitrakot Road, JagdalpurBastarChhattisgarh2. MANAGER, MAGMA LEASING LTDMangal Chambers, Opp. Rajkumar College, G.E. RoadRaipurChhattisgarh3. MAGMA SHRACHI FINANCE LTD.Magma House, 24, Park StreetKolkata - 700016West Bengal ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :MR. RAJESH KUMAR BHAWNANI
For the Respondent :NEMO

Dated : 13 Jul 2010
ORDER

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          Petitioner was admittedly a defaulter as he had failed to pay two Equated Monthly Installments.  There was a Clause in the Agreement that in case of default, the respondent could repossess the vehicle.  The respondent repossessed the vehicle as on the date of repossession, Rs.2,49,913/- were due towards the petitioner.  Respondent sold the vehicle for a sum of Rs.1,75,000/- and issued a notice to the petitioner to pay the balance amount of Rs.90,135/-. 

-2-

Aggrieved by this, petitioner filed a complaint before the District Forum.

          District Forum dismissed the complaint vide its order dated 21.1.12009.

 Aggrieved against the order passed by District Forum, petitioner filed an appeal before the State Commission which has been dismissed by the impugned order.

We agree with the view taken by the fora below that the petitioner being a defaulter, respondent could repossess the vehicle in terms of the Agreement entered into between the parties.  No merits.  Dismissed.



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER