D. VILAS RAO DEPUTY MANAGER (LEGAL) AUTHORIZED REPRESENTATIVE OF SUNDRAM FINANCE LTD. Vs. AMIT KUMAR SHARMA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 20.03.2008 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. 87 of 2008 Sundaram Finance Ltd. Vs. Amit Kumar Sharma by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent entered into loan agreement for purchasing a new Tata Indica Car with OP/petitioner for loan amount of Rs.2,90,000/-, which was to be paid in 47 monthly instalments of Rs.7,854/-. Complainant deposited 47 post-dated cheques of Rs.7,854/- each against the instalments. Cheques were cleared till 11.9.2003. Due to financial constraints, complainant could not pay instalment of October, 2003 and he intimated to Shri Shyam Sunder on 8.11.2003 on telephone that instalments of October and November will be deposited in November, 2003, but on 13.11.2003 some unknown persons revealing themselves to be the persons of OP snatched vehicle from complainant's driver. Notice given by complainant was not replied by OP. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP appeared and submitted that as per clause of the loan agreement, the matter was to be referred to Arbitrator for Arbitration. Learned District Forum dismissed application under Section 8 of the Arbitration and Conciliation Act, 1996 filed by OP on account of non-appearance of OP and allowed complaint ex-parte and directed OP to pay compensation of Rs.50,000/- and further awarded Rs.5,000/- as cost of litigation. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.