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2012 DIGILAW 1046 (MP)

Manglam Auto Deal v. Premwati Bai

2012-10-10

NEERJA SINGH, S.K.KULSHRESHTHA

body2012
JUDGMENT : As per S.K. Kulshreshtha, J. : - This appeal is directed against the order dated 21-4-2011 of the District Consumer Disputes Redressal Forum, Jabalpur passed in C.C. No. 258/2010. 2. The complainant purchased a second-hand Tempo Trax for a sum of Rs. 1,25,000/- obtained from the financier opposite party No. 3-Sri Ram Transport Finance Limited and after installments to the tune of Rs. 42,000/- had been deposited, the opposite party-appellant took custody of the vehicle as remaining amount had not been paid. The District Forum found that though Citicorp Vs. S. Vijaylaxmi, III (2007) CPJ 161, was pressed for seeking exemption from further installments but the facts of the case were distinguishable and the complainant was liable to pay the amount. The District Forum also considered that seizure of the vehicle must have caused mental agony to the complainant for which she deserved Rs. 5000/- and because she was prevented from using the commercial vehicle she was required to be paid Rs. 20,000/- as compensation and Rs. 2,000/- as litigation expenses. It was in this context that direction has been issued to return the vehicle MP-20 HA-2252 within a month and to pay a total of Rs. 27,000/- and on failure to pay same within one month, to pay 8% interest per annum. 3. There is evidence to the effect that without taking recourse to law and giving advance intimation before seizure of the vehicle, the vehicle was seized in a high-handed manner. It is not a case where the respondent was defaulter to a great extent. Rs. 42,000/- had already been paid out of Rs. 1,25,000/- and it was not shown that the payment Of installments had been discontinued thereafter. 4. The District Forum has however, overlooked that in the case of default security is of the vehicle only and, therefore, it was not a case where for financial loss a sum of Rs. 20,000/- should have been awarded. "Such a financial loss was not established before the District Forum. We, therefore set aside the direction for payment of Rs. 20,000/- towards financial loss. With this modification, the appeal is disposed of.