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Surajit Das v/s The Cholamandalam Investment and Finance Ltd. & Others

    First Appeal No. A/311/2018

    Decided On, 17 March 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SHYAMAL GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. UTPAL KUMAR BHATTACHARYA
    By, MEMBER

    For the Appellant: Sukanta Das, Advocate. For the Respondent: Soni Ojha, Advocate.



Judgment Text


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

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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.
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