No. 3/06.09.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Heard the Ld. Advocate for the Revision Petitioner.  This revisional application is directed against the order of 05.04.2011.  The O.P. – Financier produced the vehicle to restore possession of the same in favour of the Petitioner.  The Petitioner filed a verified petition stating that the vehicle was not in running condition and certain accessories as per list in the petition were not there with the vehicle to keep the same in running condition.  The copy of the said petition was served upon the O.P. – Financier who objected to the same.  Thereafter, the petition was heard in presence of the parties and by the aforesaid impugned order, the Forum below has directed an inspection of the said vehicle by the Motor Vehicle Inspector, Durgapur (Technical) to verify the truthfulness of the allegation of the Complainant.  This order has been challenged by the said O.P. – Financier upon sole contention that the said order has been made by the Forum below without giving an opportunity to the O.P. – Financier to contest the same. 

The order clearly reveals that the copy was served upon the O.P. – Financier and the said O.P. was heard on the petition as above filed by the Complainant – Petitioner.  Nowhere it reveals that the O.P. – Financier prayed for an opportunity to file a written objection to the said petition.  In the revisional petition also there is no specific statement on oath that such prayer was made by the O.P. – Financier and in spite of such prayer the petition has been disposed of by the aforesaid impugned order without a chance to O.P. – Financier to file written objection to the same.  We, therefore, do not find any merit in this revisional application.  The same is accordingly dismissed with cost of Rs.1,000/- payable by the Revisional Petitioner to the Complainant as the same has been preferred before this State Commission upon a frivolous plea.