NCDRC

NCDRC

RP/2201/2002

THE MOTOR & GENERAL FINANCE LTD. - Complainant(s)

Versus

MR. M. JOSE - Opp.Party(s)

MR. SUNIL MAGON

31 Aug 2009

ORDER

Date of Filing: 11 Jan 2002

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2201/2002
(Against the Order dated 26/11/2001 in Appeal No. 506/2000 of the State Commission Kerala)
1. THE MOTOR & GENERAL FINANCE LTD.17- B ASAF ALI ROAD NEW DELHI 110002 ...........Appellant(s)

Vs.
1. MR. M. JOSES/O SH. MR. MATHEW R/O ARPPOOKKARA ARAYANKAVU P.O. KOLLAM DISTT. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. SUNIL MAGON
For the Respondent :NEMO

Dated : 31 Aug 2009
ORDER

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          Respondent/complainant filed the complaint with the grievance that despite having paid excess amount as hire-purchase charges to the petitioner, the petitioner did not refund the excess amount.  Prayer made in the complaint by the complainant was for cancellation of the hire-purchase agreement and transfer of the ownership of the vehicle in his name along with compensation of Rs.10,000/-. 

District Forum, after examining the matter in detail and taking the facts stated in the complaint as well as the evidence led by the respondent to be correct, allowed the complaint and directed the petitioner to refund the amount paid in excess of Rs.35,000/- and Rs.5,000/- and also to cancel the hire-purchase agreement and transfer the ownership of the vehicle in favour of the complainant.  Rs.1,000/- were awarded by way of costs. 

Against the order passed by the District Forum, petitioner filed an appeal before the State Commission, which has been dismissed for non-prosecution, as the counsel for the petitioner did not appear in spite of having been granted three opportunities to do so. 

Counsel for the petitioner has not been able to put-forth any acceptable ground for non-appearance before the State Commission.  Petitioner filed its written statement before the District Forum but did not lead any evidence.  Documents filed by the respondent/complainant went unrebutted.

 

          No ground for interference is made out.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER