| First Appeal No. A/1274/2017 | | ( Date of Filing : 01 Jun 2017 ) | | (Arisen out of Order Dated 28/03/2017 in Case No. C/127/2014 of District Bijapur) |
| | | | 1. Shriram Transport Finance Co., Ltd., | | Solapur Road, Beside Subashreesagar Hotel, Bijapur, Rep by its Manager | | 2. Shriram Transport Finance Co., Ltd., | | Regd office at Mookambika Complex, 3rd Floor, No.4, Lady Desika Road, Mylapur, Chennai-600004. | | 3. Shriram Transport Finance Co., Ltd., | | Admn office at 101-105, 1st Floor, B Wing, Shiv Chambers, Sector 11, CBD Belapur, Navi Mumbai-400614 |
| ...........Appellant(s) | |
| Versus | | 1. Manjunath | | S/o Raju Savanth aged about 35 years, occ:Business R/at Old Kumbar Galli Behind S.P.office, Bijapur-586 101. |
| ...........Respondent(s) |
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| Final Order / Judgement | Dated: 11.08.2023 ORDER BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER: - This is an appeal filed by OPs in CC/127/2014 on the file of District Consumer Disputes Redressal Forum, Vijayapura, aggrieved by the order dated 28.03.2017.
- The Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsel for appellants. Notice of the appeal is served on respondent, yet failed to appear before the Commission, hence he is recorded as an Absentee Party.
- Learned counsel for appellant submits that Forum below committed error in directing OP Nos.1 to 3 jointly and severally to pay Rs.75,512/- along with interest @ 08% p.a. from the date of complaint and to pay Rs.5,000/- towards mental agony and Rs.5,000/- as cost of litigation contrary to the facts and law and submits that complainant/respondent as on 18.07.2014 was due a sum of Rs.3,37,681/- towards interest @ Rs.2,71,487/-, towards expenditure such as RTO, Insurance, Valuation etc., at Rs.41,538/- and Rs.24,655/- towards delayed payment charges. Further submits that such amount is arrived at even after giving deduction to the payment made though irregularly in a sum of Rs.2,28,220/- as on 18.07.2014 and in such circumstances, KA-28-B-0968 a Tata Indica DLS vehicle was seized and taken to the custody of OPs on 25.07.2014 was sold in public auction with due notice to respondent and the Forum below without appreciating all the events and regularity in payment of EMIs towards loan availed by him to purchase the vehicle directed to pay Rs.75,512/- and to find support appellants produced B-Register extract wherein the name of appellant could be seen as RC owner, summary of notes of vehicle bearing KA-28-B-0968, vehicle inventory report, certificate cum policy schedule wherein could see IDV of the said vehicle was Rs.2,40,000/- and the account statement to show that complainant had paid Rs.2,11,020/- and balance amount to be collected was Rs.2,00,532/-, since the vehicle was sold for Rs.1,70,000/- as on the said date, namely on 19.12.2014 balance payable by parties was Rs.26,096/- and it was not considered by the Forum below.
- In view of the above such circumstances, in our view it would be just and proper for the Commission to remand back the matter to the Commission below to re-examine, re-appreciate the all the documents and decide afresh affording opportunity to both parties. Accordingly, ordered to allow the appeal. Consequently set aside the impugned order dated 28.03.2017 passed in CC/127/2014 on the file of District Consumer Disputes Redressal Forum, Vijayapura with a direction to re-admit the complaint and decide case afresh as early as possible within 03 months from the date of receipt of this order.
- The amount in deposit is directed to be transfer to Commission below for needful.
- Send a copy of this Order to the District Commission and parties to the appeal.
Lady Member Judicial Member President *GGH* | |
