KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

   REVISION PETITION:56/2011

JUDGMENT DATED: 28-09-2011

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU    :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                   : MEMBER

HDFC Bank Ltd.,

HDFC Bank house,

Senapathi Bapat Marg,

Lower Parel (West) Mumbai.                             : REVISION PETITIONER

Having its Branch Office at

Kenton Towers, Vazhuthacaud,

Thiruvananthapuram.

(By Adv:Sri.T.L.Sreeram)

          Vs.

Anuraj.H, S/o Hemachandran,

T.C.11/1471, Puthen Veedu,                            : RESPONDENT

Nanthancode, TVPM.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The Revision Petitioner is the opposite party/HDFC Bank in I.A.151/11 in CC.203/11 in the file of CDRF, Thiruvananthapuram.  The Forum has directed the revision petitioner to issue cancellation of the hypothecation endorsement in the RC book of the vehicle for which a loan had been availed by the respondent/complainant.  According to the complainant, the entire loan amount was paid consequent to the proceedings under the Securitization Act.  It is in the above circumstances that the Forum has directed the opposite party/revision petitioner to release the endorsement with respect to hypothecation.

2.      It is contended by the counsel for the revision petitioner, that the order has been issued exparte.   It is the contention of the counsel for the revision petitioner that the respondent/complainant having other loans also the bank is having lien over the vehicle as per the agreement of the hypothecation.  We find that no such contention is mentioned or the particulars of the other loans noted in the revision petition.  The only contention stressed is that the Forum has issued the order exparte.  We find that the Forum is having such power as per the statute and hence on the above ground alone the order cannot be revised.  We find that the entire amount due as claimed by the bank has been realized through coercive proceedings.  In the circumstances we find that there is no scope for admitting the revision petition.  Revision Petition is dismissed in-limine.

3.      All the same the Forum is directed to dispose of the matter at the earliest after affording opportunity to the opposite party to adduce evidence.

The office will forward a copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.