Complainant/Respondent purchased a truck after obtaining a loan from the petitioner Finance Company.  The loan was advanced on 16.6.2005 and the truck was purchased simultaneously for a sum of Rs.11,16,000/-.  Rs.1,16,000/- were paid by the Respondent from his pocket and Rs.10 Lacs were taken as a loan from the petitioner  Ashok Leyland Finance Ltd., the predecessor of petitioner Indusind

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Bank Ltd.  Out of the loan amount, the petitioner had paid a sum of Rs.3,55,720/- upto 04.10.2006.  Admittedly, the respondent had defaulted in making the payment, but instead of repossessing the vehicle after following the procedure laid down by Reserve Bank of India, the petitioner took forcible possession of the truck while it was going to Benapur.  Aggrieved by this, respondent filed a complaint before the District Forum.

          District Forum dismissed the complaint, aggrieved against which the respondent filed an appeal before the State Commission. 

The State Commission has set aside the order of the District Forum and directed the petitioner to refund the amount already paid by the respondent because in the meantime, the petitioner had sold off the vehicle.

Petitioner has not brought on record as to for how much amount the vehicle had been sold off by the petitioner.  There                  is nothing on record to show that any notice was issued to the

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respondent before repossessing the vehicle.  The same is contrary to the Guidelines issued by Reserve Bank of India on 05.5.2003.  We agree with the view taken by the State Commission.  Dismissed.