NCDRC

NCDRC

RP/4396/2008

MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD. - Complainant(s)

Versus

MAHIPAL - Opp.Party(s)

MR. UDAY B. DUBE

06 Feb 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4396 OF 2008
 
(Against the Order dated 04/08/2008 in Appeal No. 1225/2008 of the State Commission Madhya Pradesh)
1. MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD.
DRP Line Ke Samne, Mahow Neemuch Road,
Mandsaur
MADHYA PRADESH
...........Petitioner(s)
Versus 
1. MAHIPAL
Vill Badari Post Mundedi Tehsil Malhargang
Mandsaur
MADHYA PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Vikas Rai, Advocate
For the Respondent :
Mr. Ashok, Advocate

Dated : 06 Feb 2012
ORDER

 

          Finding of the fora below is assailed on the ground that the fora below have failed to take into account of the statement of account showing a due balance of Rs.78,235/- from the complainant, which is a part and parcel of the statement of account, which was given in respect of principal amount showing zero balance.  Learned counsel for the respondent-complainant submits that this statement showing balance of

 

-2-

Rs.78,235/- towards interest etc. for the delayed payment of the annuated six monthly instalements was not filed before the District Forum, which is disputed by the learned counsel for the petitioner.

          In our view, having regard to the gamut of controversy, the matter has not received the kind of consideration at the hands of fora below as it deserved.

          The revision petition is, therefore, partly allowed and the matter is remitted back to the Board of concerned District Forum for deciding the question afresh, if after payment of installments, any further amount was payable by the complainant towards the interest on the delayed payment of the instalments.  The parties are directed to appear before the District Forum on 19.03.2012 for receiving further directions in the matter.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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