NCDRC

NCDRC

RP/855/2007

M/S. ASHOK LEYLAND FINANCE LTD - Complainant(s)

Versus

BRIJESH MOURYA - Opp.Party(s)

MR. M. YOGESHKANNA

14 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 855 OF 2007
 
(Against the Order dated 22/06/2006 in Appeal No. 356/2005 of the State Commission Chandigarh)
1. M/S. ASHOK LEYLAND FINANCE LTD
S/O. CMD CHOWK BILASPUR CG,
MR, MUKESH BARMA LEGAL EXECUTIVE AND ATTORNEY
S/O. G,C, VARMA
...........Petitioner(s)
Versus 
1. BRIJESH MOURYA
S/O. MR, RAMKISHAN MOURYA VILLAGE MASTURI POST , MASTURI
BILASPUR DISTT,
C,G
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :
Mr. Yogesh Kanna, Advocate
For the Respondent :
NEMO

Dated : 14 Aug 2012
ORDER

Learned counsel for petitioner states that petitioner does not wants to contest the present revision petition on merits and petitioner is willing to hand over the vehicle in question to the respondent. Moreover, petitioner has already deposited a sum of Rs. 10,000/- in pursuance of order dated 22.08.2005 passed by the District Forum, Bilaspur and is willing to deposit remaining amount as directed by the District Forum. 2. Brief facts of this case are that respondent-complainant obtained a loan of Rs. 50,000/- from the petitioner/OP for refinance for a jeep on 2.06.2003, which was repayable in fourteen installments. Respondent defaulted in repayment of the loan installments. Petitioner instead of getting post dated cheques encahsed handed over to it by respondent forcibly ceased the vehicle on 27.02.2005. Accordingly, petitioner filed complaint before the District Forum. 3. District Forum vide its order dated 22.08.2005 allowed the complaint and directed the petitioner to return the vehicle to the respondent immediately and also to pay a sum of Rs. 20,000/- for mental agony and financial losses and was also ordered to pay Rs. 500/- to the respondent. 4. Aggrieved by the order of District Forum, petitioner filed an appeal before State Consumer Disputes Redressal Commission, Chhattisgarh, which vide its impugned order dated 22.06.2006 dismissed the appeal and also directed the petitioner to pay a sum of Rs. 5,000/- to the respondent being costs of the appeal. 5. This is how the matter has reached before this Commission. 6. Notice of this revision petition was issued to respondent but respondent did not appear despite service and as such he was proceeded ex parte. 7. Since, petitioner case is that it is willing to hand over the vehicle in question but the respondent is not coming forward to take the vehicle. Under these circumstances, we maintain the order passed by the District Forum with regard to the compensation and cost awarded by it as well as cost awarded by the State Commission. However, with regard to terms the conditions of passed by the District Forum directing the petitioner to return the vehicle in question to respondent is concerned, it would be ordered that petitioner shall return the vehicle to respondent within one month from today and in case, respondent failed to take the delivery of the vehicle within one month, then petitioner would be at liberty to dispose off the vehicle through public auction and send its sales proceedings to the respondent under intimation to this Commission. 8. Further, amount of Rs. 10,000/- lying with the District Forum may be release to the respondent, if not paid earlier and the balance amount, that is, Rs. 15,000/- shall be deposited by the petitioner with the District Forum within one month from today.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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