SUBASH KUNDAN SAHANI Vs. HDFC BANK LTD

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 07.10.2015 in First appeal No.A/09/418 of the respondent whereby the order of the District Forum dated 02.04.2009 in complaint No.727/2008 of the petitioner was modified.

(2.) In brief, the admitted facts of the case are that the complainant/petitioner had taken a loan for the purchase of his vehicle and hypothecated with the respondent against the said loan. There was some default on the part of the complainant to repay the instalments towards the loan amount. The notice dated 4.10.2008, informing the petitioner about the defaults and asking him to make the payment was received by the petitioner and thereafter on account of further defaults, the respondent seized the subject vehicle and subsequently sold the same.

(3.) The plea taken by the respondent was that there was no deficiency in service on their part since it was the driver of the petitioner who himself had surrendered the vehicle, in view of the inability of the petitioner to repay the loan. Parties led their evidences before the District Forum. District Forum after appreciating the evidences and the documents and hearing the arguments of learned counsel's for the parties concluded that there was deficiency of service on the part of the respondents and issued following directions :