NCDRC

NCDRC

RP/1353/2011

BRANCH MANAGER, SHRIRAM TRANSPORT FINANCE CO. LTD. & ANR. - Complainant(s)

Versus

MUNTIZIR KHAN - Opp.Party(s)

MR. LENIN HIJAM

09 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1353 OF 2011
 
(Against the Order dated 15/02/2011 in Appeal No. 2144/2009 of the State Commission Madhya Pradesh)
1. BRANCH MANAGER, SHRIRAM TRANSPORT FINANCE CO. LTD. & ANR.
Branch Office:, Near Sadar Petrol Pump, Jeevan Market, A.B. Road
Guna
Madhya Pradesh
2. AREA MANAGER, SHRIRAM TRANSPORT FINANCE CO. LTD.
101-105, Shiv Chambers, B-Wing, Sector-II, CPD, Belapore
Navi Mumbai
Maharashtra
...........Petitioner(s)
Versus 
1. MUNTIZIR KHAN
R/o. Talaiyaq Mohalla, Mohalla Imam Chowk
Guna
Madhya Pradesh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. R. KINGONKAR, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Lenin Hijam, Advocate
Mr. A.D. Tamboli, Advocate
For the Respondent :NEMO

Dated : 09 May 2011
ORDER

 

We have heard learned counsel for the petitioners.
 
2.      The Revision is against concurrent findings of the District Forum and the State Commission. The District Consumer Forum allowed complaint filed by the respondent and directed that the
-2-
revision petitioners shall refund total amount deposited by him till the date of seizure of truck along with 9% per annum towards interest. The District Consumer Forum as well as the State Commission held that the petitioners failed to establish that the seizure of the vehicle was effected after giving due notice to the respondent and moreover the petitioners failed to show as to what is the amount of price collected by way of public auction when the truck was sold away. The respondent purchased the truck with the financial help of the petitioners.
 
3.      Both the Fora below found that the respondent had deposited instalments. The learned counsel for the petitioners submits that notices were served on the respondent prior to effecting seizure and has placed on record copies of the notices dated 28.5.2007 and 28.7.2007. We find that the reply given before the District Consumer Forum and memorandum of appeal does not reflect such contention of giving notices to the respondent (Complainant). Learned counsel argued that non-consideration of the important document i.e. the notices, is therefore perversity resulted in miscarriage of justice which vitiates finding of both the fora below. He referred  United India Insurance Co. Ltd.  and others  Vs. Roshan Lal Oil Mills Ltd. and others, (2000) 10 SCC 19. In the given case, the Surveyor’s report was on record, but was not at all considered but in the present case the notice relied upon by the petitioners are not at all referred to in reply filed before the District Consumer Forum and the State Commission. Obviously, there is no such reference to the said documents by either Fora below. It cannot be said, therefore, that any material was ignored by the District Consumer Forum or State Commission. 
 
4.      In view of the concurrent findings of facts particularly revision petitioners failed to place any material on record to show as to what amount was collected when the vehicle was sold in the public auction. State Commission noticed that there was no notice given regarding seizure or in respect of the auction sale. The State Commission observed “non disclosure of the amount realized, further fortifies the view of the learned Forum that the amount must have been realized enough to cover the lent amount and interest. In this situation the District Forum has rightly restrained the appellant from making recovery of any amount from the respondent-borrower and directing the appellant to pay to the respondent all instalments paid by him with interest @ 9%”.
 
 
5.      We do not find any merits in this revision, the revision petition is dismissed. No costs.   
 
......................J
V. R. KINGONKAR
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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