Circuit Bench Nagpur

StateCommission

RP/19/19

M/S. INDIA INFOLINE FINANCE LTD - Complainant(s)

Versus

DATTARAJ S/O MAHADEORAO GORALE - Opp.Party(s)

ADV.R.D.HAJARE

13 Jan 2020

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
Revision Petition No. RP/19/19
( Date of Filing : 26 Apr 2019 )
(Arisen out of Order Dated 18/03/2019 in Case No. CC/262/2017 of District Nagpur)
 
1. M/S. INDIA INFOLINE FINANCE LTD
THROUGH LEGAL MANAGER, DHARMENDRA S/O GANGADHAR REWATKAR, NAGPUR OFFICE NAIDU CHAMBER 1ST FLOOR WEST HIGH COURT, BEHIND CHAUHAN TRADERS NEAR BATUKBHAI JEWELLERS, DHARAMPETH, NAGPUR
NAGPUR
MAHARASTRA
...........Appellant(s)
Versus
1. DATTARAJ S/O MAHADEORAO GORALE
R/O. KOTHI ROAD, MAHAL NAGPUR-440 032
NAGPUR
MAHARASTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE A.P.BHANGALE PRESIDENT
 HON'BLE MR. A. Z. KHWAJA JUDICIAL MEMBER
 
For the Petitioner:
Advocate Mr.Shuka.
 
For the Respondent:
In person.
 
Dated : 13 Jan 2020
Final Order / Judgement

PER MR.JUSTICE A.P.BHANGALE, HON’BLE PRESIDENT

1)      We have directed the petitioner to take urgent steps with warning that otherwise matter will be disposed of. This was by order dated 03/12/2019.

2)      It appears that the petitioner has filed revision against interim order passed by the learned District Consumer Disputes Redressal Forum, Nagpur in complaint case No.362/2017 whereby interim order dated 18/03/2019 was passed directing the return of seized vehicle bearing registration No.MH/49-D-1438 to the complainant within 10 days.

3)      Briefly stated facts are that the complainant had availed of finance from the opposite party to buy the vehicle to earn his livelihood. The grievance of the complainant was that act of opposite party seizing the vehicle on 10/05/2017 was illegal and arbitrary and by use of force to seize the vehicle of the complainant without following due process of law. Thus unfair trade practice was alleged against opposite party. The learned Forum below has directed the opposite party to return the vehicle to the complainant subject to final decision in the complaint. We do not find anything illegal or unjust so as to disturb the interim order of returning the vehicle to the complainant. We however leave all contentions open to the parties to be agitated at the time of final hearing of the complaint and direct learned Forum below to expedite hearing of the complaint and to dispose of the same as early as possible. Revision petition is disposed of accordingly..

 
 
[HON'BLE MR. JUSTICE A.P.BHANGALE]
PRESIDENT
 
 
[HON'BLE MR. A. Z. KHWAJA]
JUDICIAL MEMBER
 

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