YOGANAND NAIK Vs. CHOLAMANDALAM INVESTMENT FINANCE COMPANY LTD

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dated 3.1.2013 passed by the Goa State Consumer Disputes Redressal Commission, Panaji (in short, 'the State Commission') in Appeal No. 19 of 2010 M/s Cholamandalam Investment and Finance Co. Ltd. Vs. Mr. Yoganand Shankar Naik by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) BRIEF facts of the case are that complainant/petitioner is a self -employed, semi -literate person and was earning his livelihood by driving his old pick -up of 1994 model. OP/respondent invited offer for disposal of seized vehicle and complainant after some discussion offered to purchase the said vehicle and made payment of Rs.3,70,000/ -, took possession of the vehicle, towed it and got it repaired after incurring expenditure of Rs.80,000/ -. It was further alleged that documents of the vehicle; namely, Registration Certificate, Insurance policy, permit, etc., were not given inspite of repeated requests. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that vehicle was sold on "as is where is" condition and complainant purchased it after inspection at the yard. OP denied rest of the allegations made in the complaint and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to refund Rs.3,50,000/ - with 12% p.a. interest and further allowed Rs.50,000/ - as compensation, etc. Appeal filed by OP was allowed by learned State Commission vide impugned order against which this revision petition has been filed.

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