NCDRC

NCDRC

RP/356/2012

RANBIRSINGH BALBIRSINGH TOMAR - Complainant(s)

Versus

ASHOK LEYLAND FINANCE LTD. ORS. - Opp.Party(s)

MR. PRAWEEN GUPTA

10 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 356 OF 2012
 
(Against the Order dated 02/12/2010 in Appeal No. 1399/2009 of the State Commission Gujarat)
1. RANBIRSINGH BALBIRSINGH TOMAR
R/o 502 Block A, Sarthi Complex, opp Vishat Pump
Gandhinagar
Gujarat
...........Petitioner(s)
Versus 
1. ASHOK LEYLAND FINANCE LTD. ORS.
401-406 Sampada, Mithakhali Sic Ways.,Navrangpura
Ahmedabad
Gujarat
2. Dinesh Vora, Manager-Ashok Leyland Fiance Ltd.,
401-406 Sampada, Mithakhali Sic Ways.,Navrangpura
Ahmedabad
Gujarat
3. Raju K Cherain.,
401-406 Sampada, Mithakhali Sic Ways.,Navrangpura
Ahmedabad
Gujarat
4. Bala Venkatagiri.,
93 Sudarshan Building, Chemiars Road
Chennai - 18
Tamil Nadu
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. PRAWEEN GUPTA
For the Respondent :NEMO

Dated : 10 Apr 2012
ORDER

Petitioner took a loan of Rs.11,70,000/- from the respondent to purchase a truck.  EMIs were not paid.  Truck was repossessed by the respondent and sold.  Petitioner, being aggrieved, filed the complaint before the District Forum. 

        District Forum partly allowed the complaint and directed the respondents to pay Rs.30,000/-, i.e., the difference between the assessed value of the truck and the price at which it was sold, with interest at the rate of 7% till the date of sale.  Rs.20,000/- wee awarded towards compensation and Rs.1,500/- as litigation costs.

        Respondent, being aggrieved, filed the appeal before the State Commission.  State Commission allowed the appeal and reversed the order of the District Forum by observing thus :

“It is important to note that the value of the truck was fixed as Rs.8,00,000/- by the forum and if 20% depreciation is deducted amounting to Rs.3,20,000/- the remaining amount is Rs.4,80,000/-.  Forum has made a mistake as have concluded the value of truck as Rs.5,80,000/-, truck was sold for Rs.5,50,000/- and hence the difference of the amount of Rs.30,000/- was order to be paid but the counting the real value of the truck as Rs.4,80,000/- there remains no outstanding amount to be paid to the opponent.  Hence it is necessary to correct the order passed by the Forum.”

 

        This revision petition has been filed with a delay of 195 days, which is over and above the period of 90 days statutorily given to file the Revision Petition.  Under the Consumer Protection Act, the consumer fora are required to decide the case within a period of 90 days from the date of filing, in case, no expert evidence is required to be taken and within 150 days, wherever expert evidence is required to be taken.  Delay of 195 days cannot be condoned without sufficient cause being shown.  The only reason given for condonation of delay is that the petitioner could not manage the funds for filing the revision petition.  We are not satisfied with the cause shown.  Application for condonation of delay is dismissed.   Consequently, the Revision Petition is dismissed as barred by limitation.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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