MUKESH HYUNDAI Vs. ANKUR KUMAR ROY

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Mukesh Hyundai against the order dated 11.03.2016 of the State Consumer Disputes Redressal Commission, West Bengal, (in short 'the State Commission') passed in FA/1140/2013.

(2.) Brief facts of the case are that the respondent No.1 had purchased a second hand car from Mukesh Hyundai, petitioner for Rs.3,20,000/- and after using the same for about one year he was not satisfied with the car and wanted to exchange it with some other old car. The petitioner agreed to take back the old car at a valuation of Rs.2,43,000/-. The respondent No.1 had taken a car loan from the respondent No.2 and at that time Rs.2,49,000/- was the outstanding amount in the loan account with respondent No.2. Accordingly, the respondent No.1 paid Rs.6,000/- to the petitioner so that the petitioner can close the loan account. It was also agreed that the petitioner will give another car at a price of Rs.3,83,486/- and the price was to be paid by the respondent no.1 for which he again tried to get the loan from respondent No.2. The name of the respondent No.1 is Ankur Kumar Roy, whereas there was another Ankur Roy who also had a loan account with respondent No.2. By mistake the petitioner asked respondent No.2 to close the loan account of Ankur Roy. Due to this mistake, the respondent No.2 did not close the loan account of respondent No.1 and started harassing respondent No.1 by sending the recovery agents to his house, whereas the respondent No.1 had already deposited amount with the petitioner. In a way he had already paid total due amount of loan to the petitioner to send to respondent No.2. Respondent No.1 then filed a consumer complaint before the District forum bearing No.247/2013. The District Forum, however, allowed the complaint and ordered a compensation of Rs.40,000/- to be paid to the respondent No.1 by the petitioner. Aggrieved with the order of the District Forum, the complainant/respondent No.1 preferred appeal before the State Commission being FA No.1140/2013. The State Commission enhanced the compensation from Rs.40,000/- to Rs.4,50,000/- vide order dated 11.03.2016.

(3.) Hence the present revision petition.