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M/s. Srei Equipment Finance Ltd. & Another v/s P.K. Infra And Power Company Pvt. Ltd.


Company & Directors' Information:- POWER FINANCE CORPORATION LIMITED [Active] CIN = L65910DL1986GOI024862

Company & Directors' Information:- SREI EQUIPMENT FINANCE LIMITED [Active] CIN = U70101WB2006PLC109898

Company & Directors' Information:- J T L INFRA LIMITED [Active] CIN = L27106CH1991PLC011536

Company & Directors' Information:- H N COMPANY INFRA PRIVATE LIMITED [Active] CIN = U45201NL2005PTC007743

Company & Directors' Information:- N A R INFRA PRIVATE LIMITED [Active] CIN = U45209TG2010PTC066556

Company & Directors' Information:- T AND T INFRA PRIVATE LIMITED [Active] CIN = U45200PN2012PTC144893

Company & Directors' Information:- P. K. INFRA AND POWER COMPANY PRIVATE LIMITED [Active] CIN = U40108OR2009PTC011437

Company & Directors' Information:- S R C INFRA PRIVATE LIMITED [Active] CIN = U45200KA2014PTC073052

Company & Directors' Information:- S G F INFRA PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003837

Company & Directors' Information:- R E INFRA PRIVATE LIMITED [Active] CIN = U74999MH2007PTC175255

Company & Directors' Information:- M Y C INFRA PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055996

Company & Directors' Information:- A R INFRA PRIVATE LIMITED [Active] CIN = U45202AS2008PTC008561

Company & Directors' Information:- R K INFRA(INDIA) PRIVATE LIMITED [Active] CIN = U45201KA2010PTC054009

Company & Directors' Information:- R S POWER AND INFRA PRIVATE LIMITED [Active] CIN = U74900MH2004PTC149136

Company & Directors' Information:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- V J EQUIPMENT LTD [Strike Off] CIN = U99999TG1988PLC008434

Company & Directors' Information:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

Company & Directors' Information:- J K B EQUIPMENT LIMITED [Active] CIN = U29309TN1998PLC040669

Company & Directors' Information:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- V & H INFRA PRIVATE LIMITED [Active] CIN = U45203MH2008PTC181787

Company & Directors' Information:- L & S EQUIPMENT PVT LTD [Active] CIN = U29248WB1966PTC026929

Company & Directors' Information:- V INFRA AND POWER PRIVATE LIMITED [Active] CIN = U40101TG2011PTC072562

Company & Directors' Information:- S R U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2014PTC065614

Company & Directors' Information:- S G U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2015PTC071682

Company & Directors' Information:- K C POWER INFRA PRIVATE LIMITED [Active] CIN = U93090MH2010PTC207422

Company & Directors' Information:- N. S. INFRA PRIVATE LIMITED [Active] CIN = U45200UP2021PTC142424

Company & Directors' Information:- M G D INFRA PRIVATE LIMITED [Active] CIN = U45400UP2015PTC069886

Company & Directors' Information:- K R D INFRA PRIVATE LIMITED [Active] CIN = U45400TZ2020PTC034945

Company & Directors' Information:- M A INFRA POWER PRIVATE LIMITED [Active] CIN = U45400DL2016PTC290276

Company & Directors' Information:- H S EQUIPMENT PVT LTD [Active] CIN = U29259GJ1979PTC003428

Company & Directors' Information:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

Company & Directors' Information:- S B M INFRA PRIVATE LIMITED [Strike Off] CIN = U45201TR2010PTC008299

Company & Directors' Information:- S INFRA PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201OR2012PTC016064

Company & Directors' Information:- J D C INFRA PRIVATE LIMITED [Strike Off] CIN = U45209HR2012PTC045407

Company & Directors' Information:- S S P L INFRA PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC013469

Company & Directors' Information:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- V V INFRA PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059111

Company & Directors' Information:- R V G INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2011PTC219732

Company & Directors' Information:- S P G N INFRA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096326

Company & Directors' Information:- Y. C. INFRA PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151352

Company & Directors' Information:- J K S INFRA (INDIA) LIMITED [Active] CIN = U45209PB2012PLC036363

Company & Directors' Information:- J S N INFRA (INDIA) LIMITED [Active] CIN = U45400UP2012PLC050189

Company & Directors' Information:- R V J INFRA PRIVATE LIMITED [Active] CIN = U45200DL2013PTC249181

Company & Directors' Information:- J J INFRA INDIA PRIVATE LIMITED [Active] CIN = U45209AP2011PTC078174

Company & Directors' Information:- A R INFRA (INDIA) PRIVATE LIMITED [Active] CIN = U70109MP2007PTC020049

Company & Directors' Information:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

Company & Directors' Information:- M R K INFRA PRIVATE LIMITED [Active] CIN = U45209TG2012PTC080558

Company & Directors' Information:- L G INFRA PRIVATE LIMITED [Strike Off] CIN = U45400TN2014PTC095310

Company & Directors' Information:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

Company & Directors' Information:- E & P INFRA PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC271401

Company & Directors' Information:- T & T INFRA INDIA PRIVATE LIMITED [Strike Off] CIN = U70109DL2015PTC276336

Company & Directors' Information:- K T INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2010PTC199408

Company & Directors' Information:- A 4 INFRA PRIVATE LIMITED [Strike Off] CIN = U70100DL2012PTC233921

Company & Directors' Information:- K & H INFRA PRIVATE LIMITED [Active] CIN = U45209AP2013PTC090417

Company & Directors' Information:- C D E F INFRA PRIVATE LIMITED [Active] CIN = U45200KA2011PTC057888

Company & Directors' Information:- M M D INFRA PRIVATE LIMITED [Strike Off] CIN = U70101GJ2013PTC075444

Company & Directors' Information:- P M D INFRA PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050762

Company & Directors' Information:- M T EQUIPMENT PRIVATE LIMITED [Strike Off] CIN = U71230DL1998PTC096140

Company & Directors' Information:- V & T INFRA PRIVATE LIMITED [Strike Off] CIN = U70100TG2008PTC061671

    Revision Petition No. 1379 of 2016

    Decided On, 07 December 2017

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE DR. B.C. GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE DR. S.M. KANTIKAR
    By, MEMBER

    For the Petitioners: A. Subhashini, Advocate. For the Respondent: Nemo.



Judgment Text

Dr. B.C. Gupta, Presiding Member

This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 09.10.2015, passed by the Odisha State Consumer Disputes Redressal Commission, Cuttack (hereinafter referred to as 'the State Commission') in R.P. No. 127/2015, SREI Equipment Finance Ltd. & Anr. vs. P.K. Infra and Power Company Pvt. Ltd., vide which, while dismissing the said petition, the order passed by the District Consumer Disputes Redressal Forum, Khurda, Bhubaneswar in Miscellaneous Case No. 120/2015, passed in Consumer Complaint C.D. No. 290/2015, was upheld. The District Forum, vide the said order, had directed the petitioner not to take any coercive action against the moveable assets hypothecated with them till further orders.

2. Briefly stated, the facts of the case are that the respondent/complainant, P.K. Infra and Power Company Pvt. Ltd. filed the consumer complaint C.D. No. 290/2015 against the petitioners, M/s. SREI Equipment Finance Pvt. Ltd., saying that the complainant had entered into six loan agreements with the petitioners/opposite parties (OPs) for different machines, assets and equipment on 09.04.2012, the details of which were provided in the consumer complaint. The agreement was to commence on 15.03.2012 and was supposed to end on 15.02.2015. The monthly instalment for each of the loan agreement and the repayment schedule were fixed in each case. Due to the closure of the mining activities in the area, because of some restrictions imposed by the Government, the complainant Company could not deposit the instalments on regular basis. They, therefore, approached the petitioners/OPs for re-scheduling the instalments. However, due to the failure of the petitioners/OPs for rescheduling the instalment to the satisfaction of the complainant, the consumer complaint in the case was filed, seeking directions to the petitioners/OPs for fixing easier instalments by waiving off the delay payment charges as well as the overdue interest/charges.

3. The District Forum, vide their order dated 18.08.2015, stated as follows:-

'Advocate for petitioner is present. Heard the petition filed by the Petitioner U/S- 13-3(B) of C.P. Act in shape of an affidavit. Issue notice to the OPs to show cause on the petition of the petitioner. OPs are hereby directed not to take any coercive action against all the movable assets hypothecated with the OPs Finance Company by the petitioner, until further order.'

4. Being aggrieved against the above order passed by the District Forum, the petitioners/OPs challenged the same by way of the revision petition, R.P. No. 127/2015 before the State Commission. However, the said revision petition having been dismissed by that Commission vide impugned order, the petitioners/OPs are before this Commission by way of filing the present Revision Petition. The notice of the Revision Petition was duly sent to the respondent/complainant, but it was received back with the remarks ‘refused’. The matter was, therefore, heard in the absence of the complainant/respondent and is being decided as under.

5. The order dated 18.08.2015, passed by the District Forum shows that notice had been ordered to be issued in the consumer complaint to the petitioners/OPs. The petitioners/OPs were also directed not to take any coercive action against the movable assets hypothecated with them by the complainant. We do not find any illegality, irregularity or jurisdictional error in the said interim order passed by the District Forum. In the impugned order passed in Revision Petition No. 127/2015, the State Commission also ordered that there was no error or lapse in the impugned order, which could justify any interference in the Revision Petition. Given the facts and circumstances of the case available on record before us, we do not find any justification to modify the concurrent findings given by both the consumer fora below in exercise of the revisional jurisdiction. It has been held by the Hon’ble Apex Court in the case, Ruby (Chandra) Dutta vs. United India Insurance C

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o. Ltd., (2011) 11 SCC 269 that interference in the exercise of the revisional jurisdiction should be carried out only, if there was a jurisdictional error or material defect in the order passed by the consumer fora below. We, therefore, do not find any justification to carry out any modification in the impugned order. This Revision Petition is accordingly dismissed and the District Forum is directed to proceed further in the matter in accordance with law.
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