w w w . L a w y e r S e r v i c e s . i n



M/s. Shriram Transport Finance Co. Ltd. v/s Jaysingh Damodar Patil


Company & Directors' Information:- L & T FINANCE LIMITED [Amalgamated] CIN = U65990MH1994PLC083147

Company & Directors' Information:- SHRIRAM TRANSPORT FINANCE COMPANY LIMITED [Active] CIN = L65191TN1979PLC007874

Company & Directors' Information:- S P FINANCE PRIVATE LIMITED [Active] CIN = U65990MH1979PTC021790

Company & Directors' Information:- V L S FINANCE LIMITED [Active] CIN = L65910DL1986PLC023129

Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- L R N FINANCE LIMITED [Active] CIN = U65921TN1992PLC089288

Company & Directors' Information:- S M FINANCE LTD [Active] CIN = L65999TG1984PLC004526

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = L65999WB1993PLC058107

Company & Directors' Information:- B R D FINANCE LIMITED [Active] CIN = U65910KL1995PLC009430

Company & Directors' Information:- T C I FINANCE LIMITED [Active] CIN = U65920MH1973PLC017042

Company & Directors' Information:- A. V. B. FINANCE PRIVATE LIMITED. [Active] CIN = U65993DL1992PTC049818

Company & Directors' Information:- S M L FINANCE LIMITED [Active] CIN = U65910KL1996PLC010648

Company & Directors' Information:- S B FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008268

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- J J FINANCE CORPORATION LTD [Active] CIN = L65921WB1982PLC035092

Company & Directors' Information:- G V S FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008269

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- G T P FINANCE LIMITED [Active] CIN = U65921TZ1991PLC003149

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- S R K FINANCE PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016038

Company & Directors' Information:- R N FINANCE LIMITED [Active] CIN = U74899DL1988PLC034289

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = U65999WB1993PLC058107

Company & Directors' Information:- C K G FINANCE PRIVATE LIMITED [Active] CIN = U65910KL1996PTC010147

Company & Directors' Information:- L N FINANCE LTD [Active] CIN = U65923WB1991PLC052876

Company & Directors' Information:- R K FINANCE LTD [Active] CIN = L65921WB1983PLC035896

Company & Directors' Information:- TRANSPORT FINANCE LIMITED [Active] CIN = U65921PB1948PLC001406

Company & Directors' Information:- V P C L FINANCE LIMITED [Active] CIN = U65920TG1996PLC023172

Company & Directors' Information:- J S M FINANCE PVT LTD [Active] CIN = U74140MP1995PTC009542

Company & Directors' Information:- I & D FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1991PTC021369

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- L N FINANCE PVT LTD [Active] CIN = U65929AS1992PTC003766

Company & Directors' Information:- N B A FINANCE LIMITED [Strike Off] CIN = U74899DL1993PLC052393

Company & Directors' Information:- T P D FINANCE LIMITED [Strike Off] CIN = U67120RJ1994PLC008051

Company & Directors' Information:- R G L FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015809

Company & Directors' Information:- S K B FINANCE LIMITED [Amalgamated] CIN = U65999WB1996PLC082317

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- J V FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC067873

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- L C J FINANCE PVT. LTD. [Active] CIN = U65921WB1995PTC068809

Company & Directors' Information:- H L T FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1996PTC078128

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- R N C P FINANCE LTD. [Dissolved] CIN = U67120WB1995PLC072339

Company & Directors' Information:- T T FINANCE LIMITED [Amalgamated] CIN = U67120DL1986PLC023168

Company & Directors' Information:- M M V R FINANCE LIMITED [Active] CIN = U65921TZ1997PLC007705

Company & Directors' Information:- D B FINANCE PRIVATE LIMITED [Active] CIN = U65191TN1989PTC016705

Company & Directors' Information:- C H P FINANCE PVT LTD [Active] CIN = U65921PB1992PTC012788

Company & Directors' Information:- S L B P FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1990PTC041694

Company & Directors' Information:- R S FINANCE PVT LTD [Active] CIN = U65191WB1988PTC044144

Company & Directors' Information:- I C FINANCE PRIVATE LIMITED [Active] CIN = U65921UP1989PTC011236

Company & Directors' Information:- V K FINANCE PVT LTD [Strike Off] CIN = U67120WB1991PTC052140

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- C AND N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1998PTC094290

Company & Directors' Information:- C D R FINANCE LIMITED [Strike Off] CIN = U65910TG1995PLC022237

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- J R FINANCE LIMITED [Active] CIN = U65921PB1996PLC017699

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- I C S FINANCE LIMITED [Strike Off] CIN = U65921TZ1987PLC001991

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- D D S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC076165

Company & Directors' Information:- K V L FINANCE LIMITED [Strike Off] CIN = U65191TN1989PLC016715

Company & Directors' Information:- D A S FINANCE PVT LIMITED [Strike Off] CIN = U65921PB1993PTC012888

Company & Directors' Information:- U B FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051300

Company & Directors' Information:- V L G FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910AP1997PTC027952

Company & Directors' Information:- E M S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921TZ1986PTC001789

Company & Directors' Information:- T D M FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U65923KL1997PTC011601

Company & Directors' Information:- S. F. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018702

Company & Directors' Information:- D S L FINANCE PRIVATE LIMITED [Active] CIN = U65921TG1996PTC023898

Company & Directors' Information:- R D P FINANCE PRIVATE LIMITED [Active] CIN = U65929DL1997PTC089092

Company & Directors' Information:- S R K C FINANCE LIMITED [Amalgamated] CIN = U65999TZ1989PLC002445

Company & Directors' Information:- R K N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC038377

Company & Directors' Information:- H A FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027064

Company & Directors' Information:- V V A FINANCE LTD [Active] CIN = U65993WB1984PLC037171

Company & Directors' Information:- Y B FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921CH1996PTC017745

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- D G L FINANCE LTD [Strike Off] CIN = U67120TG1993PLC015604

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- M S R FINANCE PVT LTD [Strike Off] CIN = U65191TN1989PTC016789

Company & Directors' Information:- S S P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1987PTC014526

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- C R N FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062802

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- H AND Z FINANCE PRIVATE LIMITED [Active] CIN = U67190MH1995PTC093153

Company & Directors' Information:- Y AND K FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC019837

Company & Directors' Information:- S L P FINANCE PRIVATE LTD. [Strike Off] CIN = U65923DL1985PTC021970

Company & Directors' Information:- V M FINANCE LIMITED [Strike Off] CIN = U65910PB1996PLC018339

Company & Directors' Information:- D S K FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010317

Company & Directors' Information:- G B V FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65110UP1988PTC010219

Company & Directors' Information:- B H FINANCE PRIVATE LIMITED [Strike Off] CIN = U65922KA1995PTC018390

Company & Directors' Information:- M .R .S . FINANCE LIMITED [Strike Off] CIN = U65929DL1995PLC067184

Company & Directors' Information:- H D FINANCE LTD [Strike Off] CIN = U67120DL1986PLC023675

Company & Directors' Information:- C. B. PATIL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45200MH1964PTC012879

Company & Directors' Information:- P R K FINANCE P LTD [Strike Off] CIN = U65191TN1995PTC033478

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- T AND C FINANCE LIMITED [Strike Off] CIN = U67120RJ1996PLC012576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- W S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65192UP1996PTC020243

Company & Directors' Information:- S A C FINANCE COMPANY PVT LTD [Active] CIN = U65999WB1985PTC039002

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- C C FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC037805

Company & Directors' Information:- S R B FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010045

Company & Directors' Information:- P V FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027270

Company & Directors' Information:- R V S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65990KA1995PTC018436

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- P AND B FINANCE PVT LTD [Strike Off] CIN = U99999MH1986PTC038841

Company & Directors' Information:- B B P FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018183

Company & Directors' Information:- A E FINANCE PRIVATE LIMITED [Active] CIN = U65999TZ1990PTC002905

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- L R FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65910UP1988PTC009758

Company & Directors' Information:- S B M FINANCE LIMITED [Strike Off] CIN = U65921PB1994PLC014374

Company & Directors' Information:- T A S FINANCE PVT LTD [Strike Off] CIN = U65191TN1990PTC018654

Company & Directors' Information:- D AND O FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054788

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- H R P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921PB1995PTC015715

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- P T R FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1989PTC016795

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- B & S FINANCE PVT LTD [Strike Off] CIN = U65191TN1988PTC015491

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- H S B FINANCE PVT LTD [Strike Off] CIN = U67120RJ1996PTC012119

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- D K PATIL TRANSPORT PRIVATE LIMITED [Active] CIN = U63090PN2016PTC166999

Company & Directors' Information:- V. K. PATIL CORPORATION PRIVATE LIMITED [Active] CIN = U74900PN2014PTC150789

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- M. J. S. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1971PTC003049

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- A R FINANCE PVT LTD [Strike Off] CIN = U65921PB1989PTC009778

Company & Directors' Information:- DAMODAR TRANSPORT CO PVT LTD [Strike Off] CIN = U63090WB1959PTC024190

Company & Directors' Information:- K G FINANCE LIMITED [Strike Off] CIN = U65910TZ1982PLC001219

Company & Directors' Information:- S AND Z FINANCE PRIVATE LIMITED [Strike Off] CIN = U65923PN1997PTC106520

Company & Directors' Information:- H S N FINANCE PVT LTD [Strike Off] CIN = U67120PB1993PTC013900

Company & Directors' Information:- G N FINANCE PVT LTD [Strike Off] CIN = U65990MH1981PTC024294

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- C S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910GJ1987PTC009799

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

    Revision Petition No. 1784 of 2016

    Decided On, 19 March 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. PREM NARAIN
    By, PRESIDING MEMBER

    For the Petitioner: Sudhanshu Prakash, Advocate. For the Respondent: Anil Koparde, Advocate.



Judgment Text


This revision petition has been filed by the petitioner M/s. Shriram Transport Finance Co. Ltd. against the order dated 10.02.2016 of the State Consumer Disputes Redressal Commission, Maharashtra (in short ‘the State Commission’) passed in Appeal No.A/15/249.

2. Brief facts of the case are that the complainant had purchased Tata Trailer for total cost of Rs.20,29,633/-. For the cost of the said vehicle complainant had paid an amount of Rs.4,54,521/- and for remaining amount of Rs.16,20,000/- he had obtained loan in the year 2008 from the Opposite Party’s finance Company and had entered into Loan cum Hypothecation agreement. Loan was disbursed to the complainant. The Complainant was irregular in re-payments of EMIs & committed defaults in repayments in the year 2008 and 2009. Due to persisting defaults, the Opposite Party Company resorted to repossession of the Vehicle on 07.06.2009 and later, sold the vehicle by public auction for an amount of Rs.11,50,000/-. The complainant lodged complaint on 25.02.2011 claiming compensation for forcible repossession and Sale of Vehicle without due process of law. Complainant prays to direct OP to pay an amount of Rs.18,76,707/- and to return back 4 blank signed cheques on SBI which were taken by Opposite Party. District Forum vide its order dated 31.01.2015 held Opposite Party guilty of illegally taking repossession and sale of complainant’s vehicle without following any lawful procedure. District Forum directed Opposite Party to pay the entire amount of Rs.4,54,521/- paid by complainant towards margin money & down payment together with interest of 8% and an amount of 4,05,000 paid towards loan to OP together with interest @ 8%; to pay 1 lakh towards physical & mental harassment, 1lakh for business loss & 5,000 towards litigation expenses. Further directed Opposite Party to return back 4 blank cheques of SBI taken from the complainant. Opposite Party filed an appeal wherein State Commission vide its order dated 10.02.2016 partly allowed the appeal and set aside the order of payment of 1lakh on account of business loss & reduced the awarded compensation for mental agony from Rs.1 lakh to 25,000/-.

3. Hence, revision petition has been filed by Opposite Party.

4. Learned counsel for the petitioner stated that the State Commission has ignored the fact that the petitioner has not violated the procedure for repossession and sale of the vehicle. Learned counsel for the petitioner further stated that the contention of the respondent that the petitioner forcefully repossessed the vehicle in question without following the due process of law is wholly unfounded and contrary to the records. In fact, the petitioner had prior to the repossession, issued the notice dated 13/01/2009 and soon after the repossession issued a communication to the respondent by telegram. Thereafter petitioner had issued notices dated June 2009 and 08/08/2009 calling upon the respondent to pay the due amount failing which the vehicle would have to be sold. It was only thereafter when the respondent did not come forward to clear the due amount that the petitioner sold the vehicle. Both the fora below have wrongly reached to the conclusion that the procedure was violated. This finding is against the record.

5. It was further stated by the learned counsel for the petitioner that the respondent/complainant is a businessman and has admitted that he is engaged in selling sand and the trailer was purchased for his business, therefore the respondent/complainant is not a consumer as the vehicle has been purchased for commercial purpose.

6. Learned counsel further stated that the respondent/complainant was irregular in payment of instalments and that is why the vehicle was repossessed, therefore, even if some deficiency is found against the petitioner, the respondent is not entitled to get back the amount of the instalments. Thus, the orders of the fora below in respect of quantum of compensation are not based on the correct appreciation of facts and law. The complainant did not make any objection or protest at the time of repossession and even when the vehicle was sold after notice to the complainant. Neither the complainant showed any willingness to pay the amount of loan or to file the representation before the opposite party or before any competent authority at that time. It is just before the expiry of two years period from the date of repossession that the complaint has been filed. It proves that the complainant was not really aggrieved by the repossession and the sale of the vehicle, but has filed the complaint to get unjustified enrichment.

7. The State Commission has also failed to consider that even after the sale of the vehicle, there was some amount due on the complainant and the complainant is liable to pay that amount to the petitioner. Both the fora below have ordered huge compensation to be paid by the petitioner to the complainant for which there is no justification.

8. On the other hand, learned counsel for the respondent/complainant stated that both the fora below have given concurrent finding of fact so far illegality committed by the opposite party in repossessing the vehicle is considered and even the sale of the vehicle is illegal. Against the concurrent finding of fact, this Commission cannot reassess the facts as the scope under the revision petition is quite limited.

9. The learned counsel for the respondent/complainant further stated that all these objections raised by the petitioner in the present revision petition have already been considered by the fora below and no substance has been found. The complainant is the purchaser of trailer for earning livelihood by means of self-employment as the complainant is engaged in selling sand etc. The opposite party has not filed any proof that the complainant was earning livelihood from any other source. Thus, the objection raised by the petitioner that the trailer was purchased for commercial use is not correct.

10. The complaint has been filed within a period of two years from the date of cause of action. Thus, no objection can be raised for maintainability or admissibility of the complaint. It is further stated by the learned counsel that the State Commission has already granted much relief to the petitioner in the appeal filed by the petitioner. No other concession is required to be given to the complainant.

11. I have carefully considered the arguments advanced by the learned counsel for the parties and have examined the record. Both the fora below have examined the question whether proper procedure has been followed by the petitioner in repossessing the vehicle and selling the same. Both the fora below have reached to the conclusion that the proper procedure as laid down by the Reserve Bank of India and the Hon’ble Supreme Court has not been followed. The facts cannot be reassessed at the level of this Commission as held by the Hon’ble Supreme Court in Lourdes Society Snehanjali Girls Hostel and Ors. Vs. H&R Johnson (India) Ltd. and others, (2016) 8 Supreme Court Cases 286, wherein, the Hon’ble Supreme Court has observed the following:

“23. The National Commission has to exercise the jurisdiction vested in it only if the State Commission or the District Forum has either failed to exercise their jurisdiction or exercised when the same was not vested in them or exceeded their jurisdiction by acting illegally or with material irregularity. In the instant case, the National Commission has certainly exceeded its jurisdiction by setting aside the concurrent finding of fact recorded in the order passed by the State Commission which is based upon valid and cogent reasons.”

12. However, some legal issues have been raised in the present revision petition. The petitioner has claimed that the respondent/complainant is not consumer as he is engaged in the business of selling sand. The petitioner has not filed any evidence to prove that the respondent/complainant had any other source of income to sustain his livelihood. The complainant has not claimed in his complaint that he had purchased this trailer for any other specific purpose. The Hon’ble Supreme Court in Paramount Digital Color Lab & Ors. etc., Vs. Afga India Pvt. Ltd. & Ors. etc. III (2018) CPJ 12 (SC) has held the following:-

“13. Thus, in our considered opinion, each case ought to be judged based on the peculiar facts and circumstance of that case. Whether the assistance of someone is required to handle the machine, is a question of fact and necessity? Ultimately, if it is purely for a “commercial purpose” and not for “self-employment”, the complainant may not get the benefit of the Explanation to Section 2 (1)(d) of the Act. The buyers of the goods or commodities for “self-consumption” in economic activities in which they are engaged would be “consumers” as defined in the Act. Furthermore, there is nothing on record to show that the appellants wanted to use the machine in question for purposes other than “self-employment”.

Therefore, the point to be considered is whether the appellants have purchased the machine in question for “commercial purpose” or exclusively for the purposes of earning their livelihood by means of “self-employment”. There cannot be any dispute that the initial burden is on the appellants to prove that they fall within the definition of “consumer”. It is pertinent to mention that respondent No. 4, who is a contesting party, did not choose to file a counter affidavit before the State Commission. In other words, he did not deny any of the claims made by the appellants. None of the parties have led their evidence. Based on the material on record before the State Commission, it proceeded to decide on merits. As the litigation is being fought since 2006 in different Forums, we do not wish to remand the matter, particularly, when there is sufficient material available on record for arriving at the conclusion.”

13. On the basis of the above observation of the Hon’ble Supreme Court in Paramount Digital Color Lab & Ors. etc., Vs. Afga India Pvt. Ltd. & Ors. etc. (supra), the contention of the petitioner that the machine has been purchased for commercial purpose cannot be accepted. Another issue has been raised by the learned counsel for the petitioner that the complaint has been filed at the fag end of two years from the date of cause of action when the vehicle was repossessed. Consumer Protection Act, 1986 provides that a consumer complaint can be filed within two years from the date of cause of action, therefore, if the complaint has been filed within two years, it cannot be seen as something against the complainant.

14. It may be true that there may be some amount due on the complainant as per the calculation of the petitioner/opposite party. However, the fact is that both the fora below have concluded that the petitioner was deficient in its services. For this deficiency of service, the complainant has been compensated by the State Commission. The opposite party/petitioner herein has also raised the question of quantum of refund and compensation that has been granted by the State Commission. The fact is that the District Forum awarded compensation of Rs.10,59,521/- which included refund of Rs.4,54,521/- as the amount paid as margin money and an amount of Rs.4,05,000/- as refund of instalments as well as Rs.1,00,000/- for loss of business and Rs.1,00,000/- for mental agony and harassment. The State Commission has only partly allowed the appeal and set aside the order of District Forum in respect of award of Rs.1,00,000/- as compensation for business loss and also reduced the compensation for mental agony to Rs.25,000/- from Rs.1,00,000/-.

15. The concept of hire purchase is that if the borrower pays all the instalments, then ownership stands transferred from the financier to the borrower. In the present case, the borrower was to refund loan amount along with interest in 48 instalments. It seems that the borrower had only paid 8 or 9 instalments at the time of repossession. Going by the law of proportionality, the borrower must have had his ownership

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share in the vehicle equal to 9/48. The vehicle has been sold for Rs.11,50,000/- and therefore, presumably the borrower was entitled to an amount of [11,50,000x9/48] which will come roughly to Rs.2,15,625/-. Thus, clearly the borrower is entitled to get the refund of his margin money and at least Rs.2,15,625/-. As this calculation is only approximate to find out the apportioned value of the sold vehicle, this can be made a basis for final decision. Consequently, I deem it appropriate to order refund of Rs.2,50,000/- out of the installments paid by the complainant which is to the tune of Rs.4,05,000/-. The remaining amount may be considered as the hire charges for the period for which the vehicle remained with the complainant. 16. Based on the above discussion, the revision petition No.1784 of 2016 is partly allowed and the petitioner is directed to refund an amount of Rs.7,04,521/- (Rs.4,54,521/- + Rs.2,50,000) alongwith 8% p.a. interest from the date of filing of the complaint i.e. from 25.02.2011 till actual payment. Petitioner shall also pay a compensation of Rs.25,000/- as ordered by the State Commission. The order of District Forum in respect of return of 4 cheques is also maintained. The orders of the fora below stand modified accordingly. This order be complied with by the petitioner within 45 days from the receipt of this order.
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