KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
REVISION PETITION No. 19/2018
ORDER DATED: 16.10.2018
(Against the order in ST 15/2018 in C.C. 239/2016 of CDRF, Idukki)
PRESENT :
HON’BLE JUSTICE SRI. S.S. SATHEESACHANDRAN : PRESIDENT
SMT. BEENA KUMARY. A : MEMBER
REVISION PETITIONER:
Branch Manager, Shriram Transport Finance Co., 1st Floor, Kannattu Building, Near Panchayat Town Hall, Adimali P.O, Idukki.
(By Adv. Narayan. R)
Vs.
RESPONDENT:
Jaya, Chuzhikunnel House, Kanjikkuzhi P.O, Thallakkanam, Idukki-685606.
ORDER
HON’BLE JUSTICE S.S. SATHEESACHANDRAN : PRESIDENT
Judgment Debtor/Opposite party in ST 15/2018 in C.C. No. 239/16 on the file of CDRF, Idukki, for short the district forum, has filed this revision challenging the Order of the forum in I.A 51/18 in ST 15/18 directing it to handover the motor vehicle to the Decree holder/ complainant.
2. Notice in revision was ordered to respondent/complainant, but, after service, he has elected to remain absent.
3. We heard the counsel for the revision petitioner. Loan was advanced on hypothecation of a motor vehicle to the complainant and it was repayable in equal monthly instalments, according to the counsel for revision petitioner. After committing default in payment of the monthly instalment alleging deficiency in service against the opposite party financier, the complaint was filed before the lower forum and it was disposed by Order dated 23.05.2017 after hearing both sides with a direction to the opposite party to settle the loan account over the complainant’s vehicle charging only 12% interest per annum on the defaulted instalments for the defaulted period. Opposite party was also directed to return the document collected as security from complainant within 30 days of receipt of the order. Both sides have not challenged the order of the forum. There was continuous default on the part of the complainant to pay the loan amount due and thereupon the financier had initiated arbitration proceedings, according to the counsel. An interim award was passed by the arbitrator allowing seizure of the hypothecated vehicle and thereupon it was taken into custody. At that stage complainant approached the forum to proceed against the opposite party/Judgment Debtor under Sec. 27 of the CP Act. He also moved an application for return of the seized vehicle, which was allowed by the forum under the Order challenged in this revision.
4. We find that revision petitioner/judgment debtor has not filed any objection to the application moved by decree holder/complainant for return of the seized vehicle. Be that as it may, the question is whether the forum was justified in passing an order for return of vehicle in the light of the direction given in the Order disposing the complaint. Order directed the opposite party to settle the loan account charging interest at 12% per annum on the defaulted instalments for the defaulted period and to return the documents collected as security to the complainant. The question then would emerge, in the light of the order passed by the forum, whether the opposite party had issued a demand notice, calculating the amount in terms of the order for payment, to the complainant and also whether he had paid defaulted instalments which were due in terms of the order of the forum. Even assuming that the financier has not issued a demand notice calculating the sum due in tune with the order of the forum, that would no way relieve the complainant from paying the amount which was due from him in terms of the Order to the opposite party. Without examining that question the forum below in the execution proceedings has passed the order directing return of the seized vehicle, that too without any direction to the complainant to furnish security. Such an order cannot be sustained. Order of the forum below is vacated with direction to examine the executability of the order passed in the complaint confining to the direction given there under and to pass appropriate orders thereof.
Revision is disposed as indicated above.
JUSTICE S.S. SATHEESACHANDRAN : PRESIDENT
jb BEENA KUMARY. A : MEMBER
