STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW.

REVISION NO.122 OF 2016

(Against the judgment/order dated 30.03.2016 in Complaint Case No.122/2016 of the District Consumer Forum, Jhansi.)

1. HDFC Ltd. (Hindustan Finance Corporation Ltd.),

2^nd Floor, Hindustan Times House, 25 Ashok Marg,

Lucknow.

Through its Authorized Officer.

2. Branch Manager,

HDFC Ltd. (Hindustan Finance Corporation Ltd.),

Gwalior Road, Jhansi.

...............Revisionists

Vs

          Ram Kripal Rai,

          S/o Late Pyare Lal Rai,

          R/o House No.A-60,

          Deen Dayal Nagar,

          Near Bharat Mata Mandir,

          Sipri Bazar, Jhansi.

...............Respondent

     BEFORE:

     HON’BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

    HON’BLE SMT. BAL KUMARI, MEMBER

    HON’BLE MR. VIJAI VARMA, MEMBER

    For the Revisionist              : Sri Vikas Agarwal, Advocate.

    For the Respondents           : None present.

    Dated: 21.09.2016

JUDGMENT

MR. JUSTICE AKHTAR HUSAIN KHAN (ORAL)

Heard learned Counsel for revisionist and perused impugned order.

It has been contended by learned Counsel for revisionist that vide impugned order dated 30.03.2016 the District Consumer Forum has restrained OP from making recovery of loan amount of Rs.5,60,876.00 from complainant.

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It has been contended by learned Counsel for the revisionist that the impugned order is against SARFAESI Act.

Perusal of impugned order shows that it is an ad interim order and 13.05.2016 had been fixed date for passing final order on application moved by complainant under Section 13 (3) (b) of the Consumer Protection Act, 1986. Learned Counsel for revisionist informed that District Consumer Forum has not yet passed final order on said application. As the District Consumer Forum has not finally disposed of application moved under Section 13 (3) (b) of the Consumer Protection Act we are of the view that the revisionist should file his objection before District Consumer Forum who shall pass appropriate order in accordance with law.

In view of above present revision is disposed of finally with liberty to revisionist to file his objection before District Consumer Forum. If revisionist files objection before District Consumer Forum the District Consumer Forum shall pass appropriate order on objection moved by revisionist within 30 days after hearing both the parties in accordance with law.  

       (JUSTICE AKHTAR HUSAIN KHAN)

        PRESIDENT

  (SMT. BAL KUMARI)

MEMBER

(VIJAI VARMA)

MEMBER

Sarika