West Bengal

StateCommission

A/311/2018

Surajit Das - Complainant(s)

Versus

The Cholamandalam Investment and Finance Ltd. - Opp.Party(s)

Mr. Sukanta Das

17 Mar 2020

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/311/2018
( Date of Filing : 29 Mar 2018 )
(Arisen out of Order Dated 26/02/2018 in Case No. cc/261/2017 of District Purba Midnapur)
 
1. Surajit Das
S/o Ganga Sankar Das, Pratapadighi, P.O. Pratapdighi, P.S. Pataspur, Dist. Purba Medinipur, Pin - 721 440.
...........Appellant(s)
Versus
1. The Cholamandalam Investment and Finance Ltd.
Contai - Kishorenagar, By-pass, Contai, Dist. Purba Medinipur, Pin - 721 401.
2. The Cholamandalam Investment & Finance Co. Ltd.
Chowdhury Estate, 55/5501, Chowringhee Road, 5th Floor, Kolkata, Pin -700 071.
3. The Cholamandalam Investment & Finance Co. Ltd.
Chowdhury Estate, Sen Beach Tower, 4th Floor, New No.46, Rajaji, Salow Chennai - 600 001.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Appellant:Mr. Sukanta Das, Advocate
For the Respondent: Ms. Soni Ojha., Advocate
Dated : 17 Mar 2020
Final Order / Judgement

Sri Shyamal Gupta, Member

In this Appeal, the Order dated 26-02-2018, passed by the Ld. District Forum, Purba Medinipur in CC/261/2017 is challenged by the aggrieved Appellant/Complainant.

Disputing the forceful repossession of his vehicle by the Respondents, the instant complaint case was at first filed before the Ld. District Forum.  However, as his endeavour did not succeed, feeling aggrieved, the Appellant moved the present Appeal.

Heard both sides and perused the documents on record.

It transpires from the impugned order that the Ld. Advocate for the Respondents submitted before the Forum below that, apart from the subject vehicle, the Appellant own another vehicle.  In absence of vehicle number and relevant documents to that effect, the veracity of such contention, however, could not be ascertained independently.

Besides, it is alleged that before filing of the complaint case in the year 2017, an arbitration award in the matter already passed on 21-10-2016.  In this regard too, no document is filed on behalf of either of the parties for which there remains great deal of uncertainty regarding due service of notice of said proceedings upon the Appellant and his participation in the said proceedings.  In case of ex parte order, it was important to find out, whether before passing the award, the Ld. Arbitrator duly cautioned the Appellant about the probability of proceeding ex parte in the matter. 

In order to derive at a conclusive/judicious decision in the matter, we feel, consideration of above facts is of paramount importance.    

In view of this, we are constrained to remand the case to the Ld. District Forum for fresh adjudication of the matter after due evaluation of above aspects.

In allowing this Appeal in part, we, thus, set aside the order impugned.  Parties to appear before the Ld. District Forum on 17-04-2020 for supply of relevant documents. 

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER
 

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