SHRIRAM TRANSPORT FINANCE CO. LTD. & ANR. 2ND FLOOR, HASSAN ARCADE, OPP R.T OFFICE,KANNUR KERALA AND ANOTHER Vs. K. LATHA W/O N.V SREEDHARAN NEDUMBA P.O VALIYA POYIL, KASARAGOD KERALA.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 11.05.2012 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, 'the State Commission') in Appeal No. 652 of 2011 Shriram Transport Finance Co. Ltd. & Anr. Vs. K. Latha by which, order of District Forum allowing complaint was modified.

(2.) Brief facts of the case are that complainant/respondent is running pig farm and for this purpose she purchased Bajaj Goods Auto with financial assistance from OP No. 1/Petitioner to the tune of Rs.1,06,000/- during May, 2007 and loan amount was payable in 36 monthly installments from 5.5.2007. Complainant was prompt in making payment of installments yet on 25.6.2009 OP No. 2/Petitioner No.2 with the help of others deputed by OP No. 1 forcibly took away vehicle. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint, admitted grant of loan, but denied that complainant was making regular payment of installments but submitted that complainant was habitual defaulter in making payment of installments. It was further submitted that vehicle was voluntarily surrendered by complainant on 14.7.2009 which was sold and complainant was asked to remit balance amount of Rs.56,126/-. It was further submitted that complaint does not fall within purview of C.P. Act and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP No. 1 to pay Rs.73,000/- to the complainant along with cost of Rs.3,000/-. Appeal filed by OP was partly allowed by learned State Commission and vide impugned order OP was directed to pay Rs.18,619/- with 12% p.a. interest from the date of complaint along with compensation of Rs.2500/- failing which, OP was directed to pay Rs.73,000/- with 12% p.a. interest against which, this revision petition has been filed.

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