NCDRC

NCDRC

RP/2532/2009

SHRIRAM TRANSPORT FINANCE COMPANY LTD. - Complainant(s)

Versus

RAHIS KHAN - Opp.Party(s)

M/S. S K JHA & ASSOCIATES

25 Aug 2009

ORDER

Date of Filing: 15 Jul 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2532/2009
(Against the Order dated 25/05/2009 in Appeal No. 859/2009 of the State Commission Madhya Pradesh)
1. SHRIRAM TRANSPORT FINANCE COMPANY LTD.Shastri Bridge, JabalpurM.P ...........Appellant(s)

Vs.
1. RAHIS KHANS/o shri Chotte khan, Village-LalipurMndalaM.P ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :M/S. S K JHA & ASSOCIATES
For the Respondent :NEMO

Dated : 25 Aug 2009
ORDER

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          Petitioner did not appear before the District Forum despite service of notice and was proceeded exparte.  The District Forum taking the facts stated by the respondent in the complaint and affidavit filed in support thereof as correct, allowed the complaint and directed the petitioner to pay sum of Rs.1,50,000/-, compensation of Rs.5000/- and costs of Rs.500/-.

-2-

          Facts of the case were that the respondent/complainant had purchased a vehicle after taking loan from the petitioner finance company.  The dispute between the parties is that according to the respondent, petitioner had taken possession of the vehicle forcibly without issuing any notice. 

Aggrieved against the order passed by the District Forum, petitioner filed an appeal before the State Commission and took the stand that the petitioner had engaged an Advocate who neither filed Written Statement nor the documents.  The State Commission did not find any substance in the contention raised by the petitioner and dismissed the appeal without going into the merits.

          Counsel for the petitioner has been heard.

          Admittedly, the petitioner did not appear before the District Forum despite service.  Under the circumstances, the District Forum was right in allowing the complaint relying upon the facts stated in the complaint and affidavit filed in support thereof as correct.  Even before the appellate court, the petitioner did not file application to permit him to file Written Statement.

-3-

            We agree with the view taken by the foras below.  Revision petition is dismissed.  No costs.



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