HINDUJA LEYLAND FINANCE Vs. SIBA PRASAD SWAIN

JUDGEMENT

(1.) LEARNED counsel for the parties present. Arguments heard.

(2.) THE complainant, Shri Siba Prasad Swain, waddled out of the commitments concerning making EMIs in favour of Hinduja Leyland Finance Limited. His truck was seized. It is surprising to note that the District Forum without any evidence or statement of account , ordered the opposite party to handover the truck in favour of the complainant/respondent after accepting a sum of Rs.80,000/ -. The State Commission enhanced the amount to Rs. 1 lakh. The case of the petitioner - Hinduja Leyland Finance Limited, is that a sum of Rs.4,37,734/ - is pending towards EMIs. Their statement is supported by an affidavit. On the other hand, the complainant contends that a sum of Rs.2,22,000/ - is pending against him. The case of the complainant is not supported by any affidavit.

(3.) WE hereby direct the petitioner/opposite party to release the vehicle in favour of the complainant on depositing a sum of Rs.3 lakh. Without prejudice, the amount be paid within a period of one month and the truck be released immediately on receipt of the said amount.