ORDER
Per – Hon’ble Mr. Shashikant A. Kulkarni, Presiding Judicial Member
This is a revision petition against an interim order dated 24/03/2015 (impugned order) passed by District Consumer Disputes Redressal Forum, Solapur (The forum) appearing to be ex-parte directing the Petitioner/original Opposite Party to deliver up possession of the vehicle attached in terms of agreement of hypothecation after accepting an amount of Rs.27,600/- from the Respondent/original Complainant.
We have heard learned Adv. Milind M. Mahajan on behalf of the Petitioner. We have also carefully perused the material placed on record.
Petitioner is a financial institution. It has advanced loan to the Respondent for purchase of a vehicle. The Vehicle was so purchased for pulling on livelihood. Respondent also made repayment of the loan together with interest almost regularly. According to the Respondent, when the installment of Rs.27,600/- was due and he was willing to pay it, the Petitioner asked more amount and served notice etc. Respondent, therefore, rushed to Consumer Forum for declaring deficiency and file an application since the Petitioner allegedly and forcibly took over possession of the vehicle.
It appears that the learned forum accepted affidavit of the Respondent to the extent that persons of the Petitioner gave threats and forcibly took possession, which under law is not permissible, although notice was given. Since the vehicle is source of livelihood of the Respondent, the learned trial forum is justified in giving such direction. We find no fault in the impugned order.
Therefore:-
ORDER
Revision Petition is not admitted and stands disposed of as dismissed in limine.
No order as to costs.
Pronounced on 13th May, 2015
