KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 397/2016

JUDGMENT DATED: 14.01.2019

(Against the Order in C.C. 08/2016 of CDRF, Pathanamthitta)

PRESENT : 

SRI.T.S.P. MOOSATH                                                : JUDICIAL MEMBER

SRI. RANJIT. R                                                 : MEMBER

SMT. BEENA KUMARY. A                             : MEMBER

APPELLANTS:

1. The Manager, M/s Mahindra & Mahindra Financial Services Ltd., Cochin.
2. The Branch Manager, M/s Mahindra & Mahindra Financial Services Ltd., Thengumtharayil Buildings, College Junction, Pathanamthitta.

(By Adv. Abhishek. R.V)

                                                Vs.

RESPONDENTS:

1. Omana Dileep, Nellikunnathu, Jyothi Bhavanam, Kurichimuttom, Edayaranmula, Pathanamthitta.

2. Sujith Kumar. S, Plokkadathu Veedu, Kollakadavu P.O, Chenganoor.

JUDGMENT

SMT. BEENA KUMARY. A : MEMBER

Opposite parties in C.C. No. 08/2016 on the file of Consumer Disputes Redressal Forum, Pathanamthitta have filed the appeal challenging the Order of the forum directing to pay an amount of Rs. 1,07,720/- to the complainant with interest of 10%, to pay Rs. 20,000/- as compensation and cost of Rs. 3,000/- to the complainant.  Complainant is the 1^st respondent in this appeal.

2.  Complainant’s case is that on 29.05.2012 she availed a loan for an amount of Rs. 4,59,070/- for a pick up van bearing Reg. No. KL 3 – V/5899 from the appellants/1^st & 2^nd opposite parties.  At the time of availing the loan she remitted Rs. 1,18,000/- and further remitted Rs. 3,69,040/- up to 25.09.2014 to the appellants.  On 25.09.2014 when the loan instalment became due the opposite parties demanded to return the vehicle to them, and the complainant returned the vehicle to opposite parties 1 & 2.  The opposite parties 1 & 2 sold the vehicle to 3^rd opposite party/2^nd respondent for an amount of Rs. 4,50,000/-.  Hence the opposite parties 1 & 2 had got an amount of Rs. 9,37,040/- from the complainant as the repaid amount and the value of the vehicle.  According to the complainant the appellants are eligible only to get Rs. 8,29,320/- but they obtained Rs. 1,07,720/- as excess amount from the complainant.  Complainant several times requested the opposite parties to refund the excess amount obtained by them from the complainant. But the opposite parties not turned up to return the amount.  Hence the complainant approached the Forum.

3.  Opposite parties received notice of the case but they did not turn up to contest the case.  Hence all the opposite parties were declared as exparte.  On the basis of the evidences adduced by the complainant the forum allowed the complaint.  Aggrieved by the Order the appeal is filed.  The counsel for the appellant argued that the Order of the forum is improper, irregular and therefore liable to be set aside and remand the case for fresh disposal. The reason for their absence in the lower forum is that they handed over the notices from the forum to their office staff, the same has been misplaced from there and hence the appellant could not able to file version and conduct the case before the lower forum.  Hence they filed the appeal for remanding the case for fresh disposal after hearing them.     

4.  We heard both sides and perused the records.  We are not impressed with the reason stated by the appellants for their non-appearance.  But for the interest of justice we consider that an opportunity has to be given to the appellants/opposite parties to contest the case and decide the case on merits. 

5.  Remission of the case setting aside the order of the district forum can be ordered only on terms directing the appellants to compensate the injury likely to be caused by the delay in culmination of the proceedings to the complainant.  Appellants have to pay Rs. 10,000/- as cost to the 1^st respondent/complainant as a condition precedent for setting aside the order and remission of the case. 

6.  Complainant/1^st respondent is permitted to get release of the amount of Rs. 10,000/- ordered as cost from the amount deposited by the appellants at the time of institution of the appeal before this Commission, on proper application.  Refund the balance amount to the appellants on proper application. 

In the result, the appeal is allowed.  The order passed by the district forum is set aside and the matter is remanded for fresh disposal, after giving opportunity to the appellants to file version and to adduce evidence, if any.  The district forum shall dispose off the complaint as early as possible. 

Send back the records to the district forum, forthwith.

T.S.P. MOOSATH    : JUDICIAL MEMBER

RANJIT. R                : MEMBER

                                                                        BEENA KUMARY. A         : MEMBER

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