23.09.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Both sides are present through their Ld. Advocates.  This appeal is by the Complainant against the order of disposal of his complaint whereby the manufacturer of the vehicle was directed to pay a sum of Rs.1,52,617/- towards compensation in favour of the Complainant by remitting the said amount to the O.P. No. 5 – Financier of the vehicle with the instruction for crediting the loan account of the Complainant under agreement No. 391278 with the aforesaid amount under intimation to the Complainant.

Fact remains that the Complainant purchased a vehicle from the O.P. No. 4, the authorized dealer of the O.P. Nos. 1, 2 & 3 by taking loan from the O.P. No. 5.  Since the vehicle had some manufacturing defects the same was ultimately replaced.  Even upon such replacement it did not become trouble free.  The complaint case thus disposed of by directing the manufacturer – O.P. to pay to the Complainant the aforesaid sum by way of compensation which was directed to be adjusted towards the loan account of the Complainant maintained with the Financier – O.P. No. 5.

Pursuant to the above order of disposal of the complaint case manufacturer – O.P. has already credited the aforesaid amount with the loan account of the Complainant as maintained with the O.P. No. 5.  Such direction was made by the Forum below as because the Complainant failed to produce any evidence showing payment of more than 5 EMIs in respect of the said loan account maintained with the Financier – O.P. No. 5.  In this appeal it has been submitted on behalf of the Appellant that the Complainant, before making of the aforesaid order by the Forum below, had paid altogether 19 EMIs including the 5 EMIs that has been found by the Forum below to have been paid by the Complainant.  In these facts and circumstances it is necessary to find out whether before disposal of the complaint case the Complainant had in fact paid altogether 19 EMIs against the loan account maintained with the O.P. – Financier.  For the aforesaid purposes it is very much necessary to decide the said question on the basis of the material evidence that may be produced by the parties showing such payments.  We, therefore, set aside the impugned judgement and order and send the matter back on remand to the Forum below for fresh disposal only on the question as above.  It is, however, recorded that the O.P. Nos. 1, 2 & 3 shall stand discharged from the complaint case as they have remitted the grievance of the Complainant as held by the Forum below.

The appeal is accordingly disposed of.