SURYAPAL SINGH Vs. SIDDHA VINAYAK MOTORS

JUDGEMENT

(1.) This revision petition challenges the order dated 24.12.2009 of the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (in short, the State Commission ) in appeal no.1816 of 2009 filed by the complainant (petitioner in this revision petition and appellant before the State Commission) seeking enhancement of compensation awarded by the District Consumer Disputes Redressal Forum, Satna (in short, the District Forum ). By its aforesaid order, the State Commission dismissed the appeal filed by the appellant/complainant.

(2.) The facts are that the petitioner/complainant purchased a motor vehicle (Chevrolet Tavera) from respondent 1 which was the opposite party (OP) 1 before the District Forum. The petitioner availed of loan from respondent (OP 2 before the District Forum) for this purpose. According to the complainant, he left his vehicle at the premises of respondent 1 for servicing. The servicing was not carried out for one reason or the other and the complainant finally found that respondent 1 had somehow handed over his vehicle to respondent 2 without any intimation to him. Alleging deficiency in service on the part of respondent 1 in handing over his vehicle to respondent 2 without his permission, the complainant sought various reliefs before the District Forum. The complaint was opposed by both the OPs with OP 1 claiming that OP 2 repossessed the vehicle from the premises of OP 1 because the complainant could not be located. OP 2 on the other hand, pleaded that it repossessed the vehicle because of the complainant s repeated defaults in payment of monthly instalments of loan and interest. After considering the pleadings and evidence brought on record, the District Forum passed the following order:

(3.) Dissatisfied with this order, the complainant appealed to the State Commission for enhancement of the compensation granted to him. By the impugned order dated 24.12.2009, the State Commission dismissed the appeal by observing as under: