ORAL ORDER

Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member

Heard Mr.Chinmay Gupte-Advocate for the appellant.  Mr.Manohar Shroff-A.R. of respondent.

This appeal is directed against the order dated 26/9/2008 passed in consumer complaint no.281/07 Sou.Vina Manohar Shroff through her power of attorney holder and husband Mr.Manohar G.Shroff v/s. Kotak Mahindra Prime Ltd. by the District Consumer Disputes Redressal Forum, Thane (‘Forum’ in short).   

           Consumer dispute pertains to appellant/Financial institution taking possession of vehicle on the ground of default and then selling it but not crediting the sale proceeds as shown appropriated to the complainant.  It is also alleged that the taking possession and selling of the vehicle was contrary to the agreement and, therefore, there is deficiency in service on the part of Financial institution, the fact which was denied by the Financial institution.  Forum accepted the contention of the complainant and directed to refund entire price of the vehicle to the complainant by way of compensation along with further compensation of `10,000/- towards mental torture and `5000/- as cost.  Feeling aggrieved thereby, Financial institution/original opponent preferred this appeal.

Heard both the sides. It is submitted on behalf of the parties that the opportunity to lead the evidence as per provisions of section 13 (4) of Consumer Protection Act, 1986 was inadvertently not availed by them and, therefore, disputed facts remain to be  established in the instant case.  This resulted into a failure of justice and, therefore, matter be remanded back to the forum whereby both the parties could avail opportunity to lead their respective side of evidence and then the forum can settle the dispute according to law.  We find substance in their submission and to avoid failure of justice in the aforesaid circumstances, we hold accordingly and pass the following order:-

                                      ORDER

Appeal is allowed.

Impugned order dated 26/09/2008 is set aside.

Consumer complaint is remitted back to the forum in the light of the observations made in the body of the order.

Forum shall give opportunity to both the parties to lead their respective evidence following the provisions of section 13(4) of Consumer Protection Act, 1986 and, thereafter, hearing both the parties settle the dispute according to law.

Both the parties shall appear before the forum on 28/04/2011.

Appeal stands disposed of accordingly.

Copies of the order be furnished to the parties.

Pronounced

Dated 22^nd March, 2011.