MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD Vs. NIZAMUDDIN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.03.2022 passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as the National Commission) at New Delhi in Revision Petition No. 222 of 2022, by which, the National Commission has dismissed the said revision petition preferred by the appellant and ultimately has not interfered with the order passed by the District Forum confirmed by the State Commission ordering return/refund of Rs. 3,45,000/being insurance amount of the vehicle sold which was hypothecated after deducting 10% depreciation and directing that the appellant to pay the complainant Rs. 300/per day towards compensation/loss suffered because of not plying of the vehicle from the date of picking up of the vehicle hypothecated and sold from 19.12.2004 till the date of payment of the actual amount, the original opponent - financial company has preferred the present appeal.

(2.) Vide order dated 14.07.2022 a limited notice has been issued by this Court on the amount of compensation/damages awarded by the District Forum at Rs. 300/per day. Therefore, the short question which is posed for consideration of this Court is whether the District Forum was justified in awarding the compensation/damages at Rs. 300/per day?

(3.) Having heard learned counsel appearing on behalf of the respective parties and having gone through the order passed by the District Forum confirmed up to the National Commission it appears that no cogent reason has been given by the District Forum determining/awarding the compensation/damages at Rs. 300/per day. While awarding the compensation/damages at Rs. 300/per day, it is observed by the District Forum as under: