(Per Shri Dhanraj Khamatkar, Hon’ble Presiding Member)
(1) Appellant is present in person. Adv.Anita Marathe is present for the respondent.
(2) Admittedly, the complainant had taken a loan from the respondent/opponent finance company and the loan was to be repaid within 48 installments i.e. upto 25/05/2010. The complainant/appellant contended that she had paid 17 installments. However, the respondent/opponent finance company had re-possessed the vehicle on 21/08/2008 by force. The appellant/original complainant further claimed that she had approached the opponent finance company and showed her willingness to pay the balance amount. However, the respondent/opponent has not accepted the offer and sold the vehicle on 21/08/2008. Alleging that there is deficiency in service on the part of the respondent/opponent finance company in repossessing of the vehicle without any notice and thereafter selling the same, the appellant/complainant has filed consumer complaint before the District Forum, Pune. District Forum, Pune had dismissed the complaint vide order dated 14/12/2011 on the ground that the complainant is remaining absent and hence it seems that the complainant is not interested in proceeding with the complaint. Aggrieved thereby, the original complainant filed this appeal.
(3) We heard the complainant and the counsel for the respondent-Adv.Anita Marathe finally. While disposing the complaint, the District Forum without going through the contention of the appellant/complainant has dismissed the complaint for default. The complaint has not adjudicated by the District Forum on its merit. In various pronouncements by the higher courts i.e. High Court, Supreme Court, National Commission, it is observed that the matter be adjudicated on merit having after full trial. The counsel for the respondent had taken a stand that the appellant consistently remained absent and hence the order passed by the District Forum does not require any interference by this Commission. We do not agree with the arguments advanced by the counsel for the respondent and in the interest of justice, we pass the following order.
ORDER
The appeal is allowed.
The order dated 14/12/2011 passed in Consumer Complaint no. 288/2010 by District Forum, Pune is quashed and set aside. Consequently, the complaint no.288/2010 is restored to the file of the District Forum, Pune for de novo trial after giving reasonable opportunity to both the parties.
The appellant shall bear her costs and shall pay costs `500/- to the respondent.
Both the parties are directed to remain present before the District Forum, Pune on 26/08/2013.
Pronounced on 3rd July, 2013.
