ORAL ORDER PER DR. B.C. GUPTA, PRESIDING MEMBER The instant revision petition was filed by the opposite party (OP) Shriram Transport Finance Co. Ltd. on 01.08.2013 i.e. about three years back, challenging the order dated 29.04.2013, passed by the Kerala State Consumer Disputes Redressal Commission (hereinafter referred to as “the State Commission”), vide which, while dismissing appeal, the order passed by the District Consumer Disputes Redressal Forum, Malappuram (Kerala), directing the petitioner to release vehicle no. KL7K 4282 alongwith its documents to the complainant on payment of Rs. 1,01,350/- with interest @ 15% per annum from 15.01.2011 till payment, was confirmed. 2. Ever since the petition was filed, a number of opportunities were given to the petitioner to remove the defects in the petition. After the removal of defects, the matter was heard on 28.03.2014, when the learned counsel for the petitioner sought time to place on record certified copy of the charge-sheet of the criminal case in the matter. Thereafter, a number of adjournments were sought by the petitioner and ultimately on 30.07.2015, the petitioner Company was directed to file an affidavit, specifically stating that the vehicle was not repossessed by the petitioner as stated by them. The petitioner also sought time to place on record proceedings of the criminal case. The matter was adjourned to 08.02.2016, when the learned counsel for the petitioner sought further time to file affidavit and other documents. On the next date of hearing i.e. 29.04.2016, the petitioner sought further time of four weeks for filing of the documents, but the same were not filed even on the next date of hearing i.e. on 30.06.2016. It was ordered on 30.06.2016 that final opportunity was being given to the petitioner to file these documents within a period of three weeks. It was made clear that if the documents were not filed by that date, the petition shall stand dismissed automatically. On the next date of hearing i.e. on 21.07.2016, an e-mail message was received, in which it was stated that the counsel for the petitioner was down with fever. The matter was adjourned, in the interest of justice, to 29.07.2016. Today on 29.07.2016, neither the counsel for the petitioner is present, nor any information has been received about the non-appearance of the petitioner today. It is clear, therefore, that the petitioner is not interested to pursue its case before this Commission. Even after the period of 3 years of filing the petition, even the preliminary hearing could not be made, because the documents as requested by the petitioner have not been filed till date. 3. Further, a perusal of the orders passed by the Consumer Fora below indicates that a direction was given to the petitioner to release the vehicle of the complainant after getting payment of Rs. 1,01,350/- from the complainant with 15% interest from 15.01.2011 till payment. Even on merits, there does not seem to be anything wrong in the order, which may merit any modification in the exercise of the revisional jurisdiction. The revision petition is, therefore, ordered to be dismissed and the orders of the consumer fora below upheld, with no order as to costs. |
