PARTEEK FINANCE COMPANY Vs. JASBIR SINGH

JUDGEMENT

(1.) The petitioner/opposite party No.1 has preferred this revision petition against the order dated 9.7.2013 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh passed in F.A No.2083 of 2010 whereby the State Commission has dismissed the appeal of the petitioner filed against the order dated 25.10.2010 passed by the District Forum in complaint no.35 of 2010. By its order, the District Forum allowed the complaint filed by respondent No.1/complainant and directed the opposite party Nos.1 & 2/petitioner and respondent No.2 respectively to pay compensation of Rs.20,000/- and litigation expenses of Rs.5,000/- besides returning the motorcycle in question in the same condition in which it was snatched from the complainant.

(2.) As per the averments made in the complaint, the complainant purchased motorcycle of Hero Honda CD Deluxe make which was financed by the petitioner from whom he had taken a loan of Rs.24,400/-. By way of repayment of the loan, he paid amounts on different dates against which receipts were issued in some cases and no receipt was issued in some other cases. The details are given in the complaint. As per the allegation, the motorcycle was forcibly snatched by the opposite parties on 2.2.2010 without any prior intimation or notice from the hands of complainant's son, Varinder Singh while he was going along with his wife and child to the doctor for treatment of the child. In spite of several requests, the opposite parties refused to return the motorcycle. Alleging this as deficiency in service on the part of the OPs, a consumer complaint was filed with the District Forum.

(3.) On notice, the OPs filed their reply in which it was admitted that loan was advanced to the complainant for purchase of the motorcycle and also that the loan had been repaid in parts by way of instalments. They denied the other averments of the complainant and contended that a loan of Rs.27,000/- was advanced but denied that the complainant had repaid the amounts of Rs.5,000/- and Rs.12,000/- as alleged in the complaint. It was further submitted that because of financial constraints to repay the instalments, the complainant himself had surrendered the motorcycle by executing a surrender letter dated 2.2.2010 and voluntarily handed over the possession of the vehicle to them. Denying any deficiency in service on their part, the OPs prayed for dismissal of the complaint.