CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



First Appeal no.480/2007 Date of Filing: 23/04/2007

Consumer Complaint .No.196/2006

District Consumer Forum: Solapur Date of Order: 28/04/2009



Nabilal Mohiboob Nadaf, Appellant

R/at- Bijapur Naka, Beghar Society. (Org.Complainant)

Solapur

V/S

1. Shreeram Transport Finance Ltd. Respondents

Gajanan Chambers, II floor, (Org.Opp.Party)

Plot No.13/16, Visawa Camo,

Satara-415 00.



2. Shreeram Transport Finance Ltd.

Solpaur Branch No.1,

Shubhray Towers, II floor,

Dutta Chowk, Solapur





Corum : Shri.S.R.Khanzode, Hon'ble Presiding Judicial Member.

Smt.S.P.Lale, Hon’ble Member.



Present: Adv.Shri S.R.Mane for appellant.

None for respondent.



:-ORAL ORDER :-

Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member

This appeal is directed against the order/award dated 28/03/2007 passed in consumer complaint no. 196/2006, Nabiblal Mehbood Nadaf V/s. Manager, Mangesh Bodhe & ors. by District Forum, Solapur (Forum below in short).

It is the submission of the appellant/org.complainant that he had taken a loan from respondent/org.opp.party to purchase a Ashok Leyland Truck bearing no. MH-09-Q-6101. The said truck was hypothecated with the finance company. There was a default in the payment of the loan. The finance company gave warning notices as well as letters and thereafter, took possession of the vehicle. Complaining that action is arbitrary and show of highhandedness, the complainant has filed consumer complaint in the Forum below. The Forum below dismissed the complaint and feeling aggrieved thereby, this appeal is preferred.

We heard Adv.Shri S.R.Mane for the appellant. Respondent appearing through Adv.Shri Mario, but absent. Perused the record.

In the instant case once the default is committed by the complainant for payment of loan, number of letters warning him about the same and its consequences were issued to him by the finance company and when these letters met with cold response the finance company ultimately warranted him through letters/notices that if default continues, they would take the possession of the vehicle as per agreement. Again there was no response from the appellant and hence finance company took in their possession the vehicle as per agreement. Under the circumstances, the Forum below rightly held that the action of the finance company is neither arbitrary nor can be termed as high handed action. We are fully in agreement with the order passed by the Forum below. Appeal filed by the appellant is without any substance. In the result, we pass the following order:-

:-ORDER-:

1. Appeal stands dismissed.

2. No order as to costs.

3. Copies of the order herein be furnished to the parties.



(S.P.Lale) (S.R.Khanzode)

Member Presiding Judicial Member