GAGAN SINGH Vs. RASILU RAM

JUDGEMENT

(1.) This revision petition has been filed under Section 21 (b) of the Consumer Protection Act 1986, by Shri Gagan Singh Petitioner in this case, against the orders passed by both the District Forum and the State Commission.

(2.) Petitioner purchased a vehicle Mahindra Commander bearing Registration No. HP 02-8408 from one Kishori Lal, (Respondent No. 2) vide Agreement dated 13.08.1999. Thereafter, he became the owner of the vehicle and was therefore, fully authorized to sell it which he did to Respondent No. 1 (Shri Rasilu Ram) by entering into an Agreement with him dated 04.04.2001. According to this Agreement, the Respondent paid him Rs.75,000/- and also agreed to take over the liability of loan of Rs.1,43,131/- to be paid to Punjab National Bank in equal installments of Rs.3000/- per month. On 27.05.2001 the said vehicle was purportedly given by the Respondent No. 1 to Kishori Lal (Respondent No. 2) who did not return it to him, for which the Petitioner cannot be held responsible in any way.

(3.) As per the records on file, the Respondent No.1 filed a Civil Suit in the Court of Sub-Judge 1st Class, Palampur, Himachal Pradesh on 7th August 2001, seeking recovery of Rs.78,000/- and damages from both the Petitioner and the Respondent No. 2. However, on 31.12.2003 on the date of hearing neither Petitioner nor his Counsel put in appearance and the suit was dismissed in default.