ORDER

23.07.2018

S.K. Sinha, President.

                    The order dismissing the complaint seeking the direction to the respondent no. 1 ( Opposite party no. 1) to release the vehicle in question allegedly seized due to failure to pay the installments towards repayment of loan. Further prayer is not to sales/destroyed the vehicle till disposal of the complaint and pay the compensation of Rs. 75,000/-.

          The complaint alleged to the effect that the complainant purchased the vehicle in question with financial assistance of Rs. 2,25,000/- by way of loan on execution of loan agreement containing the terms and conditions of such loan. The loan was repayable installments of Rs. 9,500/- was payable. The complainant alleged that he could not pay the installments in time as such the vehicle in question was seized by the respondent no. 1 pursuant to the terms of the loan agreement without giving any notice and more so the complainant was ready to pay the installments. The complaint was accordingly filed for relief prayed for. The respondent denied repossession of the vehicle it was specifically stated that the vehicle was not seized. It was further stated that due to irregular payment of loan as the stipulated terms and conditions the matter was referred to the Arbitrator vide arbitration proceeding no. 38/OCT 283/12. The Arbitrator gave its award on 31.10.2012 holding to the effect that the respondent No. 1 is empowered to take the possession of the vehicle the respondent no. 1 (opposite party no. 1) specifically denied the allegation of repossession of the vehicle.

            The complainant in support of the seizure of the vehicle brought on record a seizure list bearing seal of one Bharat Motors on 22.10.2012. The District Forum considering the complaint as also the affidavited written statement read with the award of the arbitrator did not find any merit it was accordingly dismissed.

               Written notes of argument is filed by both sides as also supplementary affidavit of the respondent no. 1.

                 We have considered the case of the parties, materials on record as also impugned order. The default repayment of the loan by the complainant is not in dispute. In the supplementary filed on behalf of the respondent no. 1 the outstanding loan dues has been mentioned as Rs. 7,29,695.93/-. The complainant claims that the vehicle was seized and sought to be substantiated by the seizure list issued by the Bharat Motors. The respondent no. 1 specifically denied the seizure and disowned the seizure list for having not mentioned the name of the respondent no. 1 over the seizure list. In other words there is serious civil dispute between the parties with respect to the repossession of the vehicle. The dispute as made out by the complainant and its denial in the written statement is not a consumer dispute. This apart the District Forum considering the matter in detail dismissed the complaint. We do not find any reason to interfere with the order under appeal. It is accordingly dismissed.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ( Renu  Sinha )                                                             ( S.K. Sinha )

Member (F).                                                                  President.               

Agam