Punjab

Muktsar

MA/14/26

Sheikh Farid Finvest Limited - Complainant(s)

Versus

Jagtar Singh - Opp.Party(s)

09 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SRI MUKTSAR SAHIB-152026 (PUNJAB).

                                                            M.A.  No.           26 of 2014

                                                            Instituted on :    09.09.2014

                                                            Decided on   :    09.02.2015

Sheikh Farid Finvest Limited, Near Bus Stand, Shri Muktsar Sahib through its Manager, Owner/Authorized.

                                                   -Applicant.

Versus

Jagtar Singh S/o Dilal Singh S/o Inder Singh V.P.O. Ramgarh Chunga, District Sri Muktsar Sahib

        -Respondent.

Application under section 151 and 152 of C.P.C.

 

Quorum:      Sh. A. K. Mehta, President.

                    Smt. Meenakshi, Member.

Present:        Sh. Sanjeev Sharma applicant in person.

                    Sh. Sukhmander Singh proxy counsel for Sh. R.S. Aulakh, Ld. Counsel for respondent.

 

ORDER

(A.K. Mehta, President)

                    Applicant Sheikh Farid Finvest Limited filed an application against Jagtar Singh (Complainant in main petition) stating therein that the case titled above was decided by this Forum on 02.01.2014 and the complaint was dismissed; that during the pendency of the case, the Forum passed interim order directing the applicant/OP to handover motorcycle alongwith RC to the complainant and the same was delivered on 01.11.2013 but after the dismissal of the complaint, no order in relation to the motorcycle was passed by the Forum; that it was brought to the notice of this Forum that the ownership of the hire purchase agreement is infavour of the OP and prayer was made that order may be amended regarding the ownership of the motorcycle and complainant may be directed to handover the motorcycle to the OP.

                    Upon notice respondent Jagtar Singh filed reply contesting the application on the preliminary objection that application is not maintainable in the present form as applicant in the garb of present application wants to take relief which was not granted by the Forum at the time of passing of order; that the application under section 151 and 152 C.P.C. can only be passed if there is any clerical or typographical mistake but relief prayed by the applicant in the present application does not fall in that category and as such the application is liable to be dismissed. On merit the application is also contested on the same line as was taken in the preliminary objection and prayer was made for dismissal of the application with special cost.

                    We have heard the applicant and counsel for respondent and have gone through the file.

                    The applicant has filed the present application under section 151 and 152 C.P.C. for amending the order dated 02.01.2014 to the effect that complainant may be directed to handover the motorcycle to the OP. However on the face of it the amendment sought by the applicant does not fall within the definition of clerical or typographical mistake. It is specific relief and can not be granted under section 151 and 152 C.P.C. Otherwise, any relief which has not been granted expressly deemed to have been refused or denied and same relief can not be granted in application under section 151 and 152 C.P.C. The applicant failed to show as to how the relief sought in this application amounts to clerical or typographical mistake. Therefore application is without merit and is dismissed. Application be attached with the main file and be consigned to record. Copies of order be issued to the parties to the application under the Law.

Pronounced:

Dated: 09-02 -2015.

          Smt. Meenakshi                       A. K. Mehta

                              Member                               President