NCDRC

NCDRC

RP/4349/2010

M/S. KOTAK MAHINDRA PRIME LTD. - Complainant(s)

Versus

YUSUF MASIH - Opp.Party(s)

M/S. PRISTINE COUNCILORS

18 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4349 OF 2010
 
(Against the Order dated 31/08/2010 in Appeal No. 664/2004 of the State Commission Punjab)
1. M/S. KOTAK MAHINDRA PRIME LTD.
Through its Authorised Representative Narender Singh, Associate Having its Registered Office at: 36-38, Nariman Bhavan, 227, Nariman Point
Mumbai - 400021
Maharashtra
...........Petitioner(s)
Versus 
1. YUSUF MASIH
R/o. 236-2, No. 4, Post Office Khalsa College, Railway Colony No. 4, Kot Khalsa
Amritsar
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Kanwaljit Singh, Advocate
For the Respondent :NEMO

Dated : 18 Jan 2011
ORDER

Respondent had purchased a Deluxe Indica car for Rs.3,29,900/- after obtaining a loan of Rs.2,47,000/- from the petitioner and paying Rs.82,906/- from his own pocket as down-payment.  Loan amount was payable in 41 EMIs of Rs.7,600/- each.  After payment of 10 instalments, two cheques given by the respondent bounced due to some financial problem.  Petitioner gave a notice for payment of the amount, on receipt of which, the complainant got prepared a bank draft for Rs.15,200/- and approached the petitioner but the petitioner die not accept the bank draft.  Petitioner, thereafter, forcibly took possession of the vehicle, aggrieved against which, the respondent filed complaint before the District Forum.  In the meantime, the car was sold.

          District Forum allowed the complaint and directed the petitioner to pay the sum of Rs.1,06,509/- with interest at the rate of 9% per annum from the date of deposit till refund along with costs of Rs.2,000/-.

          Being aggrieved, petitioner filed appeal before the State Commission, which has been partly allowed.  State Commission has modified the order of the District Forum by reducing the awarded amount from 1,06,509/- to Rs.72,900/-.  Rest of the order passed by the District Forum has been upheld.

          In this case, the vehicle was purchased by the respondent on 13.5.2001 for a sum of Rs.3,29,900/-.  Respondent had made down-payment of Rs.82,906/-.  He availed a loan amount of Rs.2,47,000/-, which was to be repaid in 41 EMIs.  Vehicle was repossessed by the petitioner on 13.6.2002, i.e., after expiry of 13 months of its purchase.  If the depreciation of the car is taken into consideration to the extent of 10% for 13 months, value of the car as on 13.6.2002 was to the tune of Rs.2,96,915/-.  Petitioner himself, under the Pre-sale Notice, had claimed a sum of Rs.2,24,825/- from the respondent as outstanding on that date.  If the amount of Rs.2,24,825/- is reduced from the value of the car, i.e., Rs.2,96,915/-, the sum of Rs.72,900/- was still payable by the petitioner to the respondent.  The reasons recorded as well as the conclusion arrived at by the State Commission are absolutely correct.  No interference is called for.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.