Karnataka

StateCommission

A/1613/2013

Managing Director, TVS Finance & Service - Complainant(s)

Versus

M.R. Prakash - Opp.Party(s)

Mohan Malige

20 Apr 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 20^TH DAY OF APRIL 2022

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal Nos.1180/2013 & 1613/2013

 

Appeal No.1180/2013 Shanthaveerappa S/o. Late Basappa Managing Partner of Shanti Agency, R/o. Gundappashed, Shimoga Dist.   (By Sri. S.R. Shinde) V/s	……Appellant
S/o. M.B. Ramesh Gowda      R/of Bale Village, Mudabagilu Post,      Narasimharajapura Tq., Chikmagalur Dist. 2.  The Manager, Kartik TVS Show Room      Melinapete, Koppa Tq. 577126       3.  The Managing Director, TVS Finance & Service Ltd., Jayalakshmi Estates, 29,      Haddows Road, Chennai 600006 4.  The Manager, TVS Finance & Services Ltd.      Swimming Pool Extension,      Guttahalli Palace Road, Malleswaram,        Bangalore 560003 5.  Raghavendra S/o. Late Krishna Murthy      R/of 1st Cross, Jantha Colony,      Ashok Nagar, Shimoga Dist. 6.  Shelvaraj S/o. Late C. Kannan      Proprietor, R/of Shjankarmutt Circle, D.No. 136, 2nd Cross, Bharmappa Nagar,	…Respondents
Appeal No.1613/2013 1.  Managing Director, TVS Finance & Service      Presently known as –      TVS Credit Services Ltd.,      Reg/o. at. Jayalakshmi Estate,      No.29, Haddows Road, Chennai - 600 006.      Rep. by its Asst. Legal Manager,      Mr. Ashok N. K   2.  The Manager - TVS Finance & Services      Presently known as TVS Credit Services Ltd.,      No.11/1, BRS Arcade, 2nd Floor,      Swimming Pool Extension, Malleshwaram,      Bangalore - 560 003      Rep. by its Asst. Legal Manager,      Mr. Ashok, N. K.       (By Sri. Chandra Shekar S.N.) V/s	……Appellants
R/at. Bale Village, Mudabagilu Post, Narasimharajapura Tq.,      Chikmagalur Dist - 577 104 2.  Sri. Shantha Veerappa      S/o. Late Basappa, Proprietor, Shanthi Agency, R/at. Gundappa Shed, Shimoga District       3.  The Manager, Karthik TVS Show Room      Melinapete, Koppa Tq - 577 126       4.  Sri. Raghavendra      S/o. Late Krishna Murthy, Driver, R/at. 1st Cross, Janatha Colony,      Ashok Nagar, Shimoga District 5.  Sri. Selvaraj      S/o. Late C. Kannan, R/at. No.136,      Shankarmutt Circle, 2nd Cross,      Bharmappa Nagar, Shimoga (R1 by Sri. Prasanna G.R. R2 by Sri. S.R. Shinde)	…Respondents

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

These appeals are preferred against the order dated 24.05.2013 passed in C.C.No.325/2011 on the file of District Consumer Disputes Redressal Forum, Chikmagalur.

2. The brief facts of the case are that complainant has raised the loan from OP Nos. 2 and 3 and has paid a sum of Rs.69,363/- and the entire loan amount taken in the year 2005 was cleared on 18.08.2009.  Inspite of clearing the entire loan amount the OP Nos. 2 and 3 have not handed over the hypothecation documents along with the key.  The OP Nos. 2 and 3 have seized the vehicle from the complainant and it was sold to OP No.5 by OP No.4 who is the agent and managing partner of OP Nos. 2 and 3.  Thus, alleging deficiency in service on the part of OPs lodged the complaint seeking directions to deliver a brand new vehicle and pay compensation of Rs.50,000/- along with costs.  On examination District Forum allowed the complaint in part and directed OP No.4 to hand over the brand new vehicle of two wheeler Victor GLX Bike in place of sold vehicle or to pay Rs.69,363/- with interest at the rate of 9% from 30.07.2009 and also directed OP Nos. 2 to 4 jointly and severally to pay compensation of Rs.15,000/- and costs of Rs.5,000/-.
3. Being aggrieved by the said order OP No.4 has preferred Appeal No.1180/2013 and OP Nos. 2 and 3 have preferred appeal No.1613/2013.
4. Heard counsel for appellant.  In the absence of any proof produced by the complainant regarding seize and sale of the vehicle by Managing director, TVS finance award passed by the District Forum appears to be without proper application of mind.  In the circumstances, appeal is allowed and the impugned order is set aside.  Matter is remanded to the District Forum to ascertain the truth by securing documents if any from the complainant in proof of veracity of allegation regarding seize of vehicle by TVS finance and pass orders in accordance with law. 
5. District Forum is directed to dispose of the matter within three months from the date of receipt of the order.
6. Amount in deposit is directed to be transferred to the District Forum to do needful.
7. Keep the original of this order in Appeal No.1180/2013 and copy thereon in connected file.

 

MEMBER                   JUDICIAL MEMBER          PRESIDENT

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