Haryana

StateCommission

RP/86/2018

INDUSIND BANK LTD. - Complainant(s)

Versus

ARVIND - Opp.Party(s)

ASHWANI TALWAR

21 Feb 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

                                                Revision Petition No.   86 of 2018

                                                Date of the Institution:           23.05.2018

                                                Date of Decision:-        21.02.2019

 

 

1.      IndusInd Bank, 114/6, Gurudwara Road, Up-Stair Mulkh Raj & sons, Opposite Pragat Shiv Mandir, Ambala Cantt, District Ambala.

 

2.      IndusInd Bank Limited, Bhageria House, 43, Community Centre, New Friends Colony, New Delhi.

 

          Both petitioners through their authorized signatory, IndusInd Bank, Building No.5, AP Complex, Opposite Baldev Nagar Police Station, Kalka Chowk, Ambala City (Haryana).

…..Petitioners-Opposite Parties

 

Versus

 

Arvind son of late Som Parkash, resident of House No.126, Ward No.4, Mahadev Mohalla, Kurukshetra, District Kurukshetra (Haryana).

……….Respondent-Complainant

 

 

CORAM:    Hon’ble Mr. Justice T.P.S. Mann, President.

                   Mr. Diwan Singh Chauhan, Member.

 

Present:-    Mr. Satpal Dhamija, counsel for the petitioners

                   None for the respondent 

 

 

                                                O R D E R

 

T.P.S. MANN, J (ORAL)

 

          When the present revision had come up for preliminary hearing before the Commission on 28.05.2018, following order was passed after hearing learned counsel for the petitioners:-

                   Present:-    Shri Yudhvir Singh, Legal Manager of IndusInd Bank alongwith Shri Satpal Dhamija, Advocate for petitioners.

 

                    Shri Yudhvir Singh has urged that car bearing registration No.HR-07G-9131 was in the name of one Paramjit Singh Gill son of Amar Singh. The car was financed with IndusInd Bank Limited (bank). The car was repossessed and was sold to Arvind-complainant in the year 2012. The registration certificate of the car could not be transferred in the name of complainant. The complainant filed complaint No.159 of 2012 before District Consumer Disputes Redressal Forum, Ambala (District Forum), which was disposed of vide order dated March 27^th, 2017. For ready reference, operative part of the order is reproduced as under:

“Counsel for OP has tendered a statement that the OPs shall cooperate the complainant for preparation of R.C. from RTO Office, in accordance with law.

On the other hand, counsel for complainant has also tendered a statement that in view of the statement of counsel for OP the complaint may kindly be decided.

In view of the above statement of counsel for both the parties, present complaint stands disposed of being settled. The OP is bound by their statement failing which complainant is at liberty to initiate legal proceedings under the Consumer Protection Act.”

 

Shri Yudhvir Singh has urged that bank has filed an application to Regional Transport Officer-cum-Sub Divisional Officer, Thanser, District Kurukshetra to transfer the registration of the car in the name of the complainant. The Regional Transport Officer has issued a notice to Paramjit Singh Gill, original owner vide letter dated May 08^th, 2018 (Page 27). The compliance of the order dated March 27^th, 2017 passed in complaint was not made. The District Forum vide order dated May 10^th, 2018 passed in execution filed by complainant, issued warrant of arrest against him (Yudhvir Singh).

Shri Yudhvir Singh has urged that let him be given 45 days to get the registration certificate transferred in the name of complainant and implementation of the order dated May 10^th, 2018 be stayed.

In view of above, it is ordered that Shri Yudhvir Singh shall get the registration certificate transferred in the name of the complainant on or before next date of hearing.

Notice be issued to the respondent by registered post acknowledgment due for 18.07.2018.

Till then implementation of the order dated May 10^th, 2018 is stayed.”

2.      Learned counsel for the petitioners states that the aforementioned order has already been complied with by the petitioners in letter and spirit since the registration certificate of the vehicle has been transferred in the name of the complainant/Decree Holder.

3.      None has put in appearance on behalf of the respondent to controvert the stand taken by the learned counsel for the petitioners.

4.      In view of above, the present petition is disposed of by setting aside the orders dated 05.04.2018 and 10.05.2018 passed by the learned District Consumer Forum, Ambala on the execution application filed by the Decree Holder. However, the petitioners/Judgment Debtors shall put in appearance before the Executing Court on 15.03.2019. 

5.      File of the execution application, which already stand requisitioned be transmitted to the learned District Forum.

                   

 

 

 

Announced 21.02.2019

(Diwan Singh Chauhan) Member

(T.P.S. Mann) President

U.K