HDFC BANK LIMITED Vs. SYED MUSHIR ABBAS

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner under Sec. 58(1)(b) of the Consumer Protection Act, 2019 (the 'Act') against impugned order dtd. 22/9/2021 of the learned State Consumer Disputes Redressal Commission, UP at Lucknow ('the State Commission') in First Appeal No. 1911 of 2010, wherein the Appeal filed by the Complainant was partly allowed upholding the Order dtd. 6/10/2010 passed by the learned District Consumer Disputes Redressal Forum, Kanpur Nagar ('District Forum') in CC No.238 of 2008, with some modification.

(2.) For convenience, the parties are referred to as in the original Complaint before the District Forum. Syed Mushir Abbas is referred to as the Complainant (Respondent No. 1), HDFC Bank Ltd. is referred to as the Petitioner (OP-1), Allahabad Automobiles Garage is referred to as the Respondent No. 2 (OP-2) and Jamuna Motors is referred to as the Respondent No. 3 (OP-3).

(3.) Brief facts of the case, as per the Complainant, are that on 11/2/2005, the Complainant purchased Truck No-UP-78-AN/ 0529 from Amar Nath for Rs.4,45,000,.00 with Rs.1,02,000.00 paid in cash and Rs.3,43,000.00 through a financial loan from OP-3. The OP-3, acting as the financier, offered his surety and facilitated the loan from OP-1. Thus, on 18/10/2005, OP-3's name was replaced by OP-1 as the financier in the Divisional Transport Office, with 23 post-dated cheques returned to OP-1. The Complainant discharged the entire amount owed to both OP-1 and OP-3. However, despite making full payment, OP-3 forcibly repossessed the truck on 28/4/2008, at Govt Press Square, Civil Lines, as it transported goods from Gujarat to Allahabad via OP-2. This action disrupted the Complainant's freight operations, prompting a police report. Despite legal notice, no resolution was achieved. On 28/4/2006, OP-2 repossessed the vehicle citing an outstanding balance of Rs.60,000,.00 a sum not owed by him OP-1 or OP-3. The cause of action arose from illegal seizure of the truck. Aggrieved, the Complainant filed Consumer Complaint No. 238/2008 before the District Forum against the OPs, seeking return of the truck or its value of Rs.4,45,000,.00 Rs.6,60,000.00 as damages from 28/4/2006 to 27/2/2008 at Rs.30,000.00 per month, Rs.2,00,000.00 for mental agony, and various other expenses.