SHALINI SINGH Vs. MANAGER TATA MOTORS FINANCE LTD

JUDGEMENT

(1.) This revision petition has been filed by the Petitioner/Complainant against the impugned order dated 28.10.2010 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, 'the State Commission') in Appeal No. 405 of 2010 Smt. Shalini Singh Vs. The Manager, Tata Motors & Ors. by which, while dismissing appeal, order passed by District Forum dismissing complaint was upheld.

(2.) Brief facts of the case are that Petitioner/Complainant's vehicle Tata 407 was financed by OP No.1/Respondent No.1 on 2.3.2006. Complainant was paying instalments regularly, but could not pay three instalments on account of financial crises and on 21.1.2008, some persons of OP No.1 after beating complainant's husband, took away the vehicle and against this act, an FIR was lodged. On 31.5.2008, complainant deposited Rs.1,17,835/- with OP No.1 and OP No.1 issued letter for release of vehicle. Complainant went to Ganpati Yard, Riwa on 1.6.2008 for release of vehicle, but it was not released and complainant was asked to pay Rs.22,600/- as Gunda Tax. It was further alleged that vehicle in the yard was without tyres and window glasses and was not in running condition and damages were to the extent of Rs.80,000/-. Alleging deficiency on the part of OP, complainant filed complaint for grant of Rs.3,00,000/- as compensation and release of vehicle. OPs filed written statement and denied allegations of the complainant and further denied demand of Rs.22,600/- and damages of Rs.80,000/- in the vehicle and prayed for dismissal of the complaint. Learned District Forum after hearing both the parties dismissed complaint against which, petitioner filed appeal before learned State Commission. Learned State Commission vide impugned order dismissed appeal and upheld order of District forum dismissing complaint against which, this revision petition has been filed.

(3.) Heard authorised representative of the petitioner in person and perused record.