| Final Order / Judgement | Dtd.28.06.2023 A/1135/2023 O R D E R HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT - This is an appeal filed U/s.41 of CPA 2019 by OP.1 & 2/Appellants aggrieved by the order dtd.20.06.2023 passed in CC/08/2023(R) on the file of Bengaluru Rural District Commission.
- The Commission examined grounds of appeal, impugned order, appeal papers and heard. Accordingly found satisfied to dispense with issuance of appeal notice.
- The complaint came to be raised before the Commission alleging deficiency in service on the part of OPs in seizing two wheeler TVS motorcycle even after paying regular EMIs. OPs put their appearance through their counsel and filed version. When the stage was set for filing affidavit by 20.06.2023, Complainant came up with an IA praying to direct the OPs to release the vehicle. On hearing the Complainant, since submits that he is ready to pay balance amount, the Commission below directed the OPs to release the seized vehicle forthwith to the custody of the Complainant and accordingly disposed the IA. Being aggrieved by this order, OPs come with this appeal contending that District Commission has allowed the application based on the averments of the Complainant and it has not even given an opportunity to the OPs/Appellant to put forth their defense, which in our view has some considerable force, since have looked into the order sheet of the Commission below, could see the application was filed on 20.06.2023 and the order is also passed the very same day without hearing the Appellants/Ops.
- In this regard, had looking into the documents submitted along with version, could see the details of loan account detail at Annex.R2 wherein loan agreement date shown as 09.04.2019, tenure 46 months, disbursed amount Rs.82,017/-. Further, we took a look on notices such as demand notice, presale notice and post sale notice, which was stated to have issued, since Complainant has defaulted in repayment of loan instalments. Further in version, OPs also averred about sold of the car on 15.02.2023 and out of the sale proceeds the balance outstanding amount in the loan was adjusted. On looking into the loan statement at inkpage no.76, Complainant was due at Rs.40,261/- and sale proceeds of Rs.35,500/- was adjusted towards the loan, as such, it is showing Complainant is still due at Rs.5,062/-. From these documents it is evident that, the vehicle in question was already sold and the sale proceeds adjusted towards loan. Such being the fact, by not giving an opportunity to the Ops to defence their case, the Commission below ordered to direct the OPs to release the vehicle, is unsustainable in law. Further none of the documents got examined before passing such order that too, at the stage set for filing evidence. In such circumstances, it would be just and proper to remand the matter to the Commission below to examine all records and decide in accordance with law. Accordingly we proceed to allow the appeal and set aside the order dtd.20.06.2023 passed in CC/08/2023(R) and remanded the matter to the Commission below with a direction to reopen the stage of evidence by affording opportunity to both parties and decide the case in accordance with law as early as possible not later than three months from the date of receipt of this order.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member President *NS* | |
