GILDA FINANCE & INVESTMENT LTD. Vs. BASAMMA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 16.9.2013 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 1123/2013 Gilda Finance and Investment Ltd. Vs. Smt. Basamma by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/respondent got his vehicle financed from OP/respondent to the tune of Rs.3,70,000/- on 10.2.2010 and complainant himself contributed Rs.1,77,600/-. Loan amount was to be re-paid in 36 monthly instalments commencing from 10.3.2010. It was further submitted that OP got signatures of complainant on many blank papers and also obtained 10 blank cheques. Complainant made payment of instalments in time even then, OP seized vehicle without any intimation and sold it and further demanded Rs.5,000/- from him. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that complaint was not maintainable and further submitted that complainant committed default in payment of two instalments; so, as per agreement, vehicle was sold after notice to the complainant and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.1,77,600/- with 6% p.a. interest to complainant and further awarded Rs.50,000/- towards mental agony and Rs.2,000/- as cost of the proceedings. Appeal filed by OP was dismissed by learned State Commission as barred by limitation as well as on merits against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.