KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
REVISION PETITION 39/12
ORDER DATED : 31/07/2012
PRESENT:
SHRI. M.K. ABDULLA SONA : HON. ACTING PRESIDENT
SMT. A. RADHA : MEMBER
The Branch Manager,
Shriram Transport Finance-
Company Ltd.,
2nd Floor, Sunshine Complex, : REVISION PETITIONER
T.B. Road, Palakkad.
(By Advs. Pramod Chandran & C.S. Rajmohan)
Vs.
Hamsa, S/o Veeran,
Nalakath House, Cheraya P.O.,
Pongad, Palakkad – 678 635. : COUNTER PETITIONER
ORDER
SHRI.M. K. ABDULLA SONA : HON. ACTING PRESIDENT
This Revision Petition filed by the Revision Petitioner/opposite party from the order passed by the Forum below in IA No. 190/2012 in CC No.56/12. The Forum below passed this order u/s 26 of Consumer Protection Act.
2. The Forum below ordered u/s 26 of Consumer Protection Act to release the vehicle to the complainant those which passed by the Revision Petitioner/opposite party, forcibly from the lawful possession of the respondent/complainant. On the basis of the disobedience committed by the Revision Petitioner/opposite party, the Forum below proceeded against them u/s 27 of Consumer Protection Act. It is submitted by the counsel for the Revision Petitioner/opposite party that the Forum below did not hear the revision petitioner/opposite party on his part. They argued that the Revision Petitioner who voluntarily surrendered the vehicle before the interim order passed by the Forum below. His prayer is to give opportunity to adduce evidence on his part and to set aside the proceedings taken u/s 27 of Consumer Protection Act. According to the case of the revision Petitioner/opposite party by surrender the vehicle voluntarily. This subject matter was over by voluntary surrender of the vehicle. The Forum below is also directed to kept aside all the further proceedings which taken u/s 27 of CP Act against the Revision Petitioner and the Forum below is also directed to be raised this as a point in the complaint and discussed as per the further evidence adduced by both complainant and the opposite party. In the circumstance, the Forum below is direct to give necessary opportunity to adduce evidence to the Revision petitioner/opposite party both in IA and in the consumer complaint. The Revision Petitioner can file a petition before the Forum below for this purpose.
In the result, the Revision Petition is allowed accordance with the above directions, accordingly. The office is also directed to transmit the case file with the order immediately to the Forum below.
M.K. ABDULLA SONA : HON. ACTING PRESIDENT
A. RADHA : MEMBER
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