KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION No. 17/2019

ORDER DATED: 03.08.2022

              (Against the Order in C.C. 161/2019 of CDRF, Idukki)

PRESENT:

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN    : PRESIDENT

SRI.T.S.P. MOOSATH                                                       : JUDICIAL MEMBER

SRI.RANJIT. R                                                                   : MEMBER

SMT. BEENA KUMARY. A                                              : MEMBER

SRI. RADHAKRISHNAN K.R.                                        : MEMBER

REVISION PETITIONERS:

1. The Manager, Sreeram Transport Finance Co. Ltd., Market P.O., Muvattupuzha.

2. The Manager, Sreeram Transport Co. Ltd., Kattappana P.O., Idukki.

3. Sreeram General Insurance Co. Ltd., 4^th Floor, Puthevical Building, Kacheripady, Ernakulam.

                               (By Adv. G.S. Kalkura)

                                                Vs.

RESPONDENT:

Dileep Ismayil, Alumkal House, Thattakuzha P.O., Thodupuzha.

ORDER

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT

This revision is filed by the opposite parties in C.C. No. 161/2019 on the file of the Consumer Disputes Redressal Forum, Idukki (District Forum for short).  They challenge an order dated 19.09.2019 passed by the District Forum in I.A. No. 50/2019.  As per the order under revision, the opposite parties were restrained from initiating Revenue Recovery proceedings including the confiscation of the vehicle bearing Reg. No. KL/42 L 7520 for realizing the vehicle loan from the custody of the complainant on condition that the complainant remitted two EMIs of the loan within 30 days of the date of receipt of the notice.  Immediately thereafter, on 04.10.2019 this revision was filed and an interim stay of the order under revision was obtained by the revision petitioner.

2.  It is submitted by Adv.  G.S. Kalkura who appears for the revision petitioner that during the pendency of this revision, since the order of stay granted by us was in force, the vehicle was repossessed and was sold.  Since the vehicle which forms the subject matter of the order under revision has already been sold, the order has become ineffective. Therefore the said order which has been passed without issuing notice to the revision petitioner is set aside.

This revision petition is accordingly allowed as above. The District Commission shall consider and dispose of C.C. No. 161/2019 on the merits, in accordance with law.

JUSTICE K. SURENDRA MOHAN  : PRESIDENT

                                           T.S.P. MOOSATH   : JUDICIAL MEMBER

                       RANJIT. R                : MEMBER

                                                                                                      BEENA KUMARY. A         : MEMBER

jb                                                                                                  RADHAKRISHNAN K.R.  : MEMBER