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Verdict of consumer forum upheld

By Staff Reporter
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GUWAHATI, July 17 - The Assam State Consumer Disputes Redressal Commission, Guwahati, during a recent hearing of an appeal against the verdict of the District Consumer Disputes Redressal Forum, Dibrugarh, over the �forceful repossession� of a vehicle following two defaults in payment of EMIs by the owner, dismissed the appeal and upheld the Forum�s verdict.

The District Forum had earlier awarded Jhulan Chandra Baruah a compensation of Rs 12 lakh to be paid by Hinduja Leyland Finance Limited, which had refinanced the bus for some repair work to the tune of Rs 6 lakh against a monthly EMI of Rs 22,844.

The Commission, while upholding the Forum�s judgement, observed that Baruah had defaulted in making EMI for two months only and had undertaken to clear all unpaid dues within a reasonable period to which the financier (local authorities) agreed.

�He was supposed to pay the EMI but due to sudden repossession of the bus, his earning stopped since August 11, 2012, as that was his only source of livelihood. Had the bus not been repossessed by the appellants, he could have repaid the loan as per the agreement,� it said.

Referring to the Supreme Court�s observations in similar cases, the Commission said that considering the facts and circumstances of the case as well as the decisions rendered by the Supreme Court, there was no illegality or infirmity in the impugned judgment passed by the District Forum calling for any interference.

�The Learned District Forum has rightly held that the complainant is a consumer and there was deficiency in service committed by the appellants. Thus we find no merit in the appeal,� it added.

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Verdict of consumer forum upheld

GUWAHATI, July 17 - The Assam State Consumer Disputes Redressal Commission, Guwahati, during a recent hearing of an appeal against the verdict of the District Consumer Disputes Redressal Forum, Dibrugarh, over the �forceful repossession� of a vehicle following two defaults in payment of EMIs by the owner, dismissed the appeal and upheld the Forum�s verdict.

The District Forum had earlier awarded Jhulan Chandra Baruah a compensation of Rs 12 lakh to be paid by Hinduja Leyland Finance Limited, which had refinanced the bus for some repair work to the tune of Rs 6 lakh against a monthly EMI of Rs 22,844.

The Commission, while upholding the Forum�s judgement, observed that Baruah had defaulted in making EMI for two months only and had undertaken to clear all unpaid dues within a reasonable period to which the financier (local authorities) agreed.

�He was supposed to pay the EMI but due to sudden repossession of the bus, his earning stopped since August 11, 2012, as that was his only source of livelihood. Had the bus not been repossessed by the appellants, he could have repaid the loan as per the agreement,� it said.

Referring to the Supreme Court�s observations in similar cases, the Commission said that considering the facts and circumstances of the case as well as the decisions rendered by the Supreme Court, there was no illegality or infirmity in the impugned judgment passed by the District Forum calling for any interference.

�The Learned District Forum has rightly held that the complainant is a consumer and there was deficiency in service committed by the appellants. Thus we find no merit in the appeal,� it added.

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