No. 3/29.10.2010.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Heard the Ld. Advocate for the parties.

The complaint case in nutshell is that the Complainant purchased a truck being No. WB-73B/1735 by taking financial loan of Rs.6,39,000 from the O.P. – Appellant.  The said loan was to be repaid by 47 equal monthly installments.  The Complainant failed to make any payment of installment after payment of 14 installments.  In such circumstances the O.P. – Appellant forcibly took possession of the vehicle in question on 18.08.2009 and the same was sold in auction.  The complaint accordingly filed the complaint case for return of the said vehicle and for necessary compensation.

The said complaint case has been disposed of by the impugned judgement and order dated 31.05.2010 by the concerned District Forum by directing the O.P. – Appellant to pay to the Complainant a sum of Rs.7,52,025/- along with interest @ 6% per annum from the date of filing of this case till realization.  The aforesaid amount has been directed to be paid by the O.P. – Appellant to the Complainant as the same has been determined as the price of the said vehicle.

The Appellant has contended in support of the above appeal that since the Complainant had paid 14 installments only and thereafter did not pay any other installments, so the Complainant was not entitled to receive the price of the vehicle only because the same has been sold in auction by the O.P. – Appellant.  It has accordingly been contended that such payment would unlawfully enrich the Complainant even if he had not paid for the balance 33 installments.  The Appellant has further contended that in any event the Complainant would be entitled to a refund of the amount that has been paid by way of 14 installments as above. 

Having regard to the contentions put forward by the Ld. Advocate for the parties and considering the earlier decision taken by this State Commission in SC Case No. FA/121/2010 on 05.10.2010 we are of the view that the Complainant would not be entitled to refund of the price of the vehicle particularly when the Complainant had not paid the entire amount of loan to the O.P. - Appellant by way of stipulated installments.  In the aforesaid decision the State Commission directed refund of the particular amount by the Financing Company to the Complainant that was received by it towards payment of installments and delayed payment charges till the date of last payment made by the Complainant.  In this case it appears from the complaint itself that the Complainant had paid altogether a sum of Rs.2,68,800/- by way of 14 installments after obtaining financial loan of Rs.6,39,000/- from the O.P. – Appellant.  We are, therefore, of the view that in the facts and circumstances as above the Complainant would be entitled to the aforesaid amount of Rs.2,68,800/- along with interest @ 10% per annum from the date of filing of the complaint till the date of realization.  The Complainant shall further be entitled to a sum of Rs.10,000/- by way of compensation for the harassment and mental agony suffered by the Appellant because of forceful seizure of the vehicle in question.  Both the aforesaid amount shall carry the aforesaid rate of interest from the date of filing of the complaint till the date of realization.  Complainant will also receive a sum of  Rs.5,000/- by way of litigation cost.  The impugned judgement is modified as indicated above.  The appeal is thus disposed of.