Haryana

StateCommission

RP/4/2017

JASPREET SINGH - Complainant(s)

Versus

HDB FINANCIAL SERVICES LTD. - Opp.Party(s)

TARUN GUPTA

28 Mar 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No. 04 of 2017  

Date of Institution: 19.01.2017  

Date of Decision: 28.03.2017    

 

Jaspreet Singh age 29 years son of Shri Amarjeet Singh, resident of House No.1960, Patri Mohalla, Jagadhri, District Yamuna Nagar.

 

Petitioner-Complainant

Versus

 

1.      HDB Financial Services, Registered Office at Radhika IInd  Floor, Law Garden Road, Navrangpura, Ahmadabad, Gujrat through its authorized signatory/Managing Director.

 

2.      HDB Financial Services, Branch Office at SCO No.43, Opp. Maruti Showroom, Sector 17, Commercial Belt, HUDA, Jagadhri through its Branch Manager.

 

Respondents-Opposite Parties

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. Balbir Singh, Judicial Member.

                         

Present:     Mr. Jaspreet Singh-petitioner alongwith Mr. Tarun Gupta, Advocate.

                   Mr. Amit Kumar-Legal Officer alongwith Mr. Dheeraj Sachdeva, counsel for the respondents.                  

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

Vehicle bearing Registration No.HR-68-8365 was owned by Jaspreet Singh-complainant and financed with HDB Financial Services-opposite parties (for short ‘Finance Company’). Due to non-payment of installments, the vehicle was repossessed by the Finance Company on September 10^th, 2016.

2.      Complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before District Consumer Disputes Redressal Forum, Yamuna Nagar (for short ‘District Forum’).

3.      Vide order dated October 07^th, 2016, District Forum directed the Finance Company to hand over the possession of the vehicle to the complainant on his depositing due installments.

4.      The complainant approached the Finance Company with demand draft of Rs.27,600/- which was due on that day but the Finance Company refused to accept the demand draft and also did not release the vehicle.

5.      Complainant and Finance Company filed separate applications for initiating contempt proceedings against each other before District Forum. Both applications were dismissed vide order dated November 29^th, 2016 by District Forum.

6.      Against the said order, the complainant has filed the present revision.

7.      Today, Jaspreet Singh-complainant has made a statement (Annexure-I) that he shall pay an amount of Rs.1,10,400/-, that is, the amount outstanding to date to Finance Company on 30^th March, 2017 through demand draft and he withdraws the present revision petition.

8.      In face of it, Mr. Amit Kumar-Legal Officer of Finance Company has also made a statement (Annexure-II) that on receiving an amount of Rs.1,10,400/- through demand draft, Finance Company shall hand over the possession of the vehicle bearing registration No.HR68-8365 to complainant.

9.      In view of statements made above, the present revision petition is dismissed as withdrawn.

10.    The observations made in this order are confined to the disposal of the present revision petition, and shall not be construed as expression of opinion on merits nor shall have any bearing at the time of final disposal of the matter by the District Forum, Yamuna Nagar.

  

Announced 28.03.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

D.R.