NCDRC

NCDRC

RP/2624/2013

SHRIRAM TRANSPORT FINANCE CO. LTD. - Complainant(s)

Versus

DHARAMRAJ PASWAN - Opp.Party(s)

MR. LENIN SINGH HIJAM

05 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2624 OF 2013
 
(Against the Order dated 14/09/2012 in Appeal No. 54/2011 of the State Commission Jharkhand)
1. SHRIRAM TRANSPORT FINANCE CO. LTD.
COMMERCE HOUSE NO-1, ABOVE ICICI BANK SHASTRI NAGAR, BANK MORE,
DHANBAD
JHARKHAND -826001
...........Petitioner(s)
Versus 
1. DHARAMRAJ PASWAN
S/O VIJAY RAM PASWAN, R/O LOYABAD NO-20. BANSJORA
DHANBAD
JHARKHAND
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :MR. LENIN SINGH HIJAM
For the Respondent :
nemo

Dated : 05 Feb 2014
ORDER
PER JUSTICE J.M. MALIK

 

1.      Counsel for the petitioner present.  Respondent is not present despite service.  He be proceeded against exparte.  The appeal was dismissed in default on 14.09.2012. Application for restoration was filed but no date     is put on that application.  It is also surprising to note that the certified copy of order dated 14.09.2012 was not produced before us i.e. the main order.  Counsel for the petitioner submits that he should be given time to produce the certified copy of that order.  He submits that the order is hand-written and it is not legible.  We are not at all satisfied with his arguments.  When he can file the other hand written order dated 10.05.2013, it is not understood why he could not file the certified copy of 14.09.2012.  The purpose of the petitioner is to delay the case unnecessarily.  The case was dismissed in default on 14.09.2012.  This Revision Petition has been filed before us after the expiry of about 1½ years and still the counsel wants a date for producing the certified copy to further delay this case. 

2.      However, in the interest of justice, we have made up our mind to decide the case immediately right-now.  The District Forum had passed the operative part as follows:-

    “However, the complainant is directed to pay one EMI of Rs. 9720/- to the OP within 15 days from the date of order i.e. 25.11.2010 and the OP will release the vehicle immediately on getting this payment of one EMI amount and the balance EMI will be rescheduled for January, 2011 [illegible] as much as the complainant will pay the rest EMI accordingly.  No amount of interests or [illegible] will be chargeable for this period of seizure of vehicle i.e. from Jan.,2010 to Dec., 2010.”

3.      The vehicle has not yet been released.  Consequently the petitioner is interested in procrastinate the proceedings.  Keeping in view the bizzare conduct of the petitioner, we hereby direct the petitioner to release the vehicle after getting Rs. 29,160/- i.e. only three E.M.I.s and will reschedule the balance EMIs from January 2011 upto date, within one month. 

4.      Notice be issued to the Respondent giving details of this Revision Petition and the vehicle be released immediately on the payment of three EMIs and in case the complainant refuses to pay the EMIs, clear-cut evidence be recorded.  If the order is not complied with, the order passed by the State Commission would prevail and the case be dismissed in default. 

5.      The matter stands disposed of.  Copy of order be sent to both the parties.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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