NCDRC

NCDRC

RP/2547/2011

TATA MOTORS LTD. - Complainant(s)

Versus

RAJ KUMAR SHARMA - Opp.Party(s)

MR. MAHALING M. PANDARGE

13 Dec 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2547 OF 2011
 
(Against the Order dated 25/05/2011 in Appeal No. 85/2011 of the State Commission Chhattisgarh)
1. TATA MOTORS LTD.
Registred Office at Bombay House - 24, Homi Mody Street, Hutatma Chowk, Through it's Authorized Singnatory, Johnson Andrews
Mumbai - 400001
Mahrastra
...........Petitioner(s)
Versus 
1. RAJ KUMAR SHARMA
S/o Shri DC Sharma, Haryana Road Carriers Sharma Complex, Bhanpuri
Raipur
C.G
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. MAHALING M. PANDARGE
For the Respondent :NEMO

Dated : 13 Dec 2011
ORDER

Respondent/complainant raised a loan of Rs. 11,00,000/- from the petitioner to purchase a truck.  Respondent was paying his installments regularly but the vehicle was forcibly re-possessed while it was going towards Jabalpur with loaded articles of Rs. 3,20,000/-  by the petitioner.  On the date of re-possession, the respondent had already paid the sum of Rs. 10,86,839/-.  Respondent being aggrieved, filed a complaint before the District Forum.  District Forum dismissed the complaint, aggrieved which the respondent filed appeal before the State Commission.  State Commission set aside the order of the District Forum and remanded the matter back to the District Forum,  by  observing as follows :

          The real question of controversy between the parties appears to be the calculation of remaining amount, to be paid by the complainant to the respondent/financier.  As per the complainant, the amount remained unpaid is only Rs. 1,72,092/-, whereas as per the respondent/     financier, it is somewhere around Rs. 3,00,000/-.  Calculations can very well be made by the District Forum after going through  the terms of the agreement executed between the parties, but as  nothing was filed by any of the parties, either before the District Forum or before us, so we are not in a position to express any opinion on the terms agreed between the parties and to decide the amount which is really recoverable by the respondent from the complainant.  In view of this, it appears necessary to remand the case back to the District Forum for  proper adjudication of points under dispute between the parties. It may take ………………”.

 

 

          We agree with the view taken by the State Commission.  Otherwise also, we are not inclined to interfere with the order of remand passed by the State Commission.  Dismissed.

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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