(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) This appeal takes an exception to an order dated 17/07/2009 passed in Consumer Complaint No.179/09, Rajesh Shivaji More Vs. 1. Manager, Shriram Transport Finance Co.Ltd., passed by District Forum, Satara.
(2) At the outset, we will mention here that the complainant is contested by the Manager, Shriram Transport Finance Co.Ltd. and the appeal is filed by Shriram Transport Finance Co.Ltd. Therefore, the true contestant is Shriram Transport Finance Co.Ltd. It is a dispute pertaining to alleged deficiency in service by taking possession of the vehicle arbitrarily by the financial institution on 27/12/2008.
(3) According to the respondent/complainant, the financial institution high-handedly and arbitrarily and even though he was not defaulter of any installment illegally taken possession of the vehicle. According to the financial institution on 27/12/2008, the complainant himself handed over possession of the vehicle to them. We made enquiry with learned counsel for the appellant, since respondent remained absent in spite of giving intimation of date, as to what sort of evidence it had led to establish their case. He fairly conceded that no such evidence is led. We find no reason not to accept the statement of the complainant and his case.
(4) Another point tried to be raised by the counsel for the appellant is that the complainant had hired their services for commercial purpose and the forum failed to consider the same. However, we find no substance in his submission. Besides that, there being no such ground raised in the appeal memo, such submission at the time of argument, cannot be entertained.
(5) For the reasons stated above, we hold accordingly and pass the following order.
ORDER
(1) Appeal stands dismissed.
(2) Under the given circumstances, parties to bear their own costs.
Pronounced on 6th September, 2012.
