Madhya Pradesh

StateCommission

RP/15-39/2015

CHOLAMANDALAM INVESTMENT AND FIN. - Complainant(s)

Versus

BRIJBHAN SINGH - Opp.Party(s)

11 Sep 2015

ORDER

11.9.15.                        Shri Sunil Pandey, learned counsel for petitioner.

                                      Shri Somendra Saxena, learned counsel for respondent.

                                      Notice to respondent no.2 is dispensed with.

                                      This case has been taken-up today on IA/5, an application for urgent hearing filed by respondent no.1.

                                      The petitioner / Insurance Company has filed this revision against the order dated 18.6.2015 passed by District Forum, Shivpuri in complaint case No.135/2015 whereby the District Forum has directed the petitioner to return the repossessed / seized vehicle to the complainant within 7 days.

                                      Learned counsel for the Finance Company submits that as on 9.9.2015 net receivable amount by the Company is Rs.1,94,663/-. 

  Learned counsel for the complainant submits that on 23.3.2015 complainant deposited Rs.1,03,500/- and on 27.4.2015 he further deposited Rs.5000/-.  This amount has been adjusted in the due amount and thereafter, the net receivable amount is Rs.1,94,663/-. 

  Learned counsel for the complainant further submits that in view of the fact the amount is not much the vehicle seized by the Finance Company be returned.  This proposition has been opposed by the learned counsel for the petitioner.

  However, in view of the fact that the complainant is depositing the amount and the only due amount is Rs.1,94,663/- and further if the complainant deposits Rs.75,000/- within 7 days, we deem it appropriate to direct that the vehicle in question be returned to the complainant.  Accordingly,  we  direct  that subject to condition of complainant’s depositing Rs.75,000/-  to the Finance Company within 7 days and subject to conditions already imposed by the District Forum in the impugned order, the possession of the seized vehicle be returned to the complainant.    The revision stands disposed of.