NCDRC

NCDRC

RP/4109/2010

KOTAK MAHINDRA BANK LTD. & ANR. - Complainant(s)

Versus

SRI NISAR AHMED MOHAMMED KHASIM KARNOOL - Opp.Party(s)

MR. S. HARI HARAN

09 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4109 OF 2010
 
(Against the Order dated 13/07/2010 in Appeal No. 2245/2010 of the State Commission Karnataka)
1. KOTAK MAHINDRA BANK LTD. & ANR.
Shop No. 58 and 59, 1st Floor, Shree Complex, Bhavani H.S.G. Co-operative Society Ltd. T.J. Block, Banashankari 2nd Stage
Bangalore - 560085
Karnatka
2. THE BRANCH MANAGER, KOTAK MAHINDRA BANK LTD.
Revankar Complex, Club Road
Hubli
Karnataka
...........Petitioner(s)
Versus 
1. SRI NISAR AHMED MOHAMMED KHASIM KARNOOL
R/o. Padadayyana Hakkal, 4th Cross, Near Kerosence Depot, Old Hubli
Hubli
Karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :MR. S. HARI HARAN
For the Respondent :NEMO

Dated : 09 Mar 2011
ORDER

Complainant/respondent after taking a loan of Rs.9,80,000/- purchased a heavy goods vehicle.  He spent another Rs.2 Lacs for body building.  Out of 47 installments of Rs.24,250/-, respondent had paid 45 installments.  Two installments remained unpaid.  Petitioner seized the vehicle and sold it for Rs.4,25,000/-.  According to the

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petitioner, Rs.1,38,000/- was still outstanding.  Aggrieved by this, respondent filed the complaint before the District Forum.

          District Forum allowed the complaint in part and directed the petitioner to pay to the complainant a sum of Rs.50,000/- by way of compensation towards deficiency in service and mental agony.  Rs.1,000/- were awarded towards costs of litigation.

          Respondent accepted the order passed by the District Forum.

          Petitioner filed the appeal before the State Commission, which has been dismissed by the impugned order.

          The District Forum did not pass an order for redelivery of the vehicle to the complainant, as the complainant had not impleaded the purchaser as a party respondent.  It was left open to the complainant to get his rights settled before the competent court of law for redelivery of the vehicle.  Towards the deficiency in service, the sum of Rs.50,000/- has been awarded.  It is fairly conceded by the counsel for the petitioner that the petitioner did not issue any notice in the newspapers or to the respondent before putting the vehicle ‘On Sale’ which it was required to do as per observations of the Supreme

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Court of India and the directions issued by RBI.  Deficiency in service on part of the petitioner is writ large.  No ground for interference is made out.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
SURESH CHANDRA
MEMBER

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