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. |