Indira Banerjee JUDGMENT
Indira Banerjee, J.
1. This appeal is against an order dated 2nd August, 2018 passed by the National Consumer Disputes Redressal Commission [hereinafter referred to as the 'National Commission'], dismissing Revision Petition No. 5 of 2018, filed by the Appellant [hereinafter referred to as the Financier], Under Section 21(b) of the Consumer Protection Act, 1986, against an order dated 31st August, 2017 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh [herein after referred to as the 'State Commission'], dismissing Appeal No. 1704 of 2008 filed by the Financier, and affirming the order dated 22nd August, 2008 passed by the District Consumer Disputes Redressal Forum, Ambedkar Nagar, Uttar Pradesh [hereinafter referred to as the 'District Forum'], whereby the District Forum allowed Complaint Case No. 105/2005 filed by the Respondent, Rajesh Kumar Tiwari [hereinafter referred to as the 'Complainant'], and directed the Financier to pay Rs. 2,23,335/- to the Complainant, along with interest at 10% per annum, Rs. 10,000/- towards physical and mental injury and Rs. 1000/- as litigation expenses.
2. On or about 2nd August 2002, the Complainant entered into a hire-purchase agreement with the Financier, then known as Magma Leasing Ltd. for hire-purchase of a Mahindra Marshal Economic Jeep bearing the Registration No. UP-42-T/1163, which is hereinafter referred to as the 'vehicle', the cost whereof was Rs. 4,21,121/- of which the complainant made an initial payment of Rs. 1,06,121/-. According to the Financier, an amount of Rs. 1,04,000/- from out of the initial payment of Rs. 1,06,121/- was paid by the complainant to the dealer directly. The balance amount of Rs. 3,15,000/- was paid by the Financier.
3. The Complainant agreed to repay a sum of Rs. 4,38,585/- which was inclusive of finance charges of Rs. 83,650/- to the Financier in 35 monthly instalments of Rs. 12,531/-, commencing from 1st August, 2002. The monthly instalments were to be paid till 1st June, 2005. The Complainant apparently deposited post dated cheques of Rs. 12,531/-.
4. A part of the recital and some of the relevant terms and conditions of the said hire purchase agreement between the Financier and the Complainant, are set out hereinbelow for convenience:
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WHEREAS the Hirer has agreed to deposit post dated cheques with the company at its registered office at 24, Park Street, Calcutta-700016 towards security for payment of monthly/quarterly hire charge and undertakes to ensure encashment of the same on the respective due dates.
WHEREAS the Hirer has agreed to hold the Hired Article in Trust for the company subject to user right and not to deal with the same in the manner specified in Clause 3(1) hereof until the entire amounts due under this agreement are duly paid to the company on the terms and conditions more particularly set out hereunder.
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01. HIRED ARTICLE AND TENURE
The company shall provide funds for acquisition of the hired articles set out in the Schedule. I hereto and the hirer shall hold the same in trust for the company from the date of commencement of this agreement regardless of the date of physical delivery of the hired Article for the period as stat........