Case Law Details
Surender Singh Vs Tata Motors Finance (NCDRC Delhi)
Conclusion: In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that the sale proceeds of the seized vehicle by the Respondent would be calculated at the depreciation rate @ 40% of the actual invoice value of the Motor Vehicle.
Facts: In presents facts of the case, the Revision Petition has been filed by the Petitioner/ Complainant against Respondent/ Opposite Party challenging the impugned Order dated 25.04.2017 passed by the State Consumer Disputes Redressal Commission, Panchkula, Haryana, in First Appeal bearing No. 681 of 2015. Vide such Order, the State Commission had disposed off the Appeal with modification while setting aside the Order dated 23.04.2014 passed by the District Consumer Dispute Redressal Forum, Rohtak in Complaint No. 490 of 2010.
The brief facts of the case are that the Complainant had purchased a Tata CEX-2518 under the HPA of Tata Motors Finance Limited on 16.11.2006 and paid monthly instalments of Rs.26,230/- regularly without fail to the Opposite Party No.1. Thereafter, on 19.06.2010, Mr. Rajivan Nambiyar along with 5-7 people had impounded the vehicle on the pretext that some instalments were due by the Complainant and further pressurized the Complainant to sign on some blank papers. The Complainant suffered a loss @Rs.4,000/- per day due to illegal and unauthorised detention of the vehicle. Consequently, a Legal Notice dated 22.06.2010 was served upon the Opposite Parties to release the vehicle. However, no heed was paid by the Opposite Parties. Therefore, the Complaint was filed before the Ld. District Forum seeking release of the aforesaid vehicle bearing registration No. HR-61-5506, and to pay an amount of Rs.1,96,000/- for loss and as compensation, along with interest @18% p.a.
The Ld. District Forum vide its Order dated 23.04.2014 had observed that the vehicle was repossessed by the Opposite Parties as per the terms and conditions of the Agreement. However, the Opposite Party had charged Rs.25,080/- on 21.06.2010 after repossession of the vehicle on 19.06.2010, which amounted to deficiency in service as it was not justifiable for the financer to accept the instalment after repossession. Therefore, the Opposite Parties were directed to refund Rs.25,080/- along with interest @9% p.a. from 21.06.2010 till actual realization and Rs.10,000/- as compensation and Rs.2,000/- as Litigation expenses.
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