Dtd.20.04.2024                                            A/2195/2017

O R D E R

            BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.15 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.15.09.2017 passed in CC/39/2017 on the file of Mysuru District Forum. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels. Now, the point that arises for consideration of the Commission would be whether impugned order passed by the District Forum does call for interference for the grounds set out in the appeal memo.

3. The Complainant has sought for direction against OP to give a brand new Mahindra Maxximo Vehicle or to pay a sum of Rs.5 lakhs along with compensation of Rs.5 lakhs. The Forum held an enquiry of such complaint, received affidavit evidence of the Complainant along with documents and found Complainant has failed to pay the EMI amount. Hence the vehicle was repossessed by the agents of OP from the Complainant. The Forum also found, OP issued a pre-sale notice on 08.03.2016, informing about the outstanding amount and his negligence to clear the arrears and to find support copy of pre-sale letter dtd.08.03.2016 is produced, wherein outstanding amount is Rs.71,598/- in respect of Maxximo KA09B6468 which was served personally, yet the Complainant has failed to pay outstanding due amount as shown in pre-sale letter dtd.08.03.2016. In such circumstances, OP proceed to conduct public sale of the said vehicle and it was sold. Accordingly on 25.04.2017 Rs.19,623/- which was the excess sum was refunded to the Complainant. Only after conduct of sale and refund of excess amount, Complainant has raised consumer complaint seeking direction against OP to give brand new vehicle in place of vehicle sold in public auction, which in our view, was rightly dealt by the District Forum recording negative findings, which cannot be interfered by the Commission for the grounds set out in the appeal memo. Hence proceed to dismiss the appeal with no order as to cost.
4. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

*NS*