PRASANNARANI MALL Vs. SREI EQUIPMENT FINANCE PVT LTD

JUDGEMENT

(1.) Being aggrieved by the order of the State Commission, Odisha dated 11.06.2015 in Revision Petition No.25 of 2015, Petitioner/Complainant has preferred this revision petition.

(2.) Briefly stated facts relevant for the disposal of the revision petition are that the Petitioner/Complainant got financed "SANYSY 220C-9 EXCAVATOR with 1.0 CUM BUCKET 21900 KG MITSUBISHI ENGINE, 155 HP @ 2050 RPM M/C. SL. NO.14 SEY 022001191" from the Respondent/Opposite Party. As per the loan agreement, loan amount along with interest was to be paid in equated monthly installments. The opposite party took the possession of Excavator on the allegations of default in making the payment of EMIs. Being aggrieved of the seizure of the Excavator by the opposite party, petitioner filed a consumer complaint before the District Forum concerned. During the pendency of the complaint, petitioner moved an application for interim relief under Section 13-3 (B) of the Consumer Protection Act, 1986. The said application was disposed of by the District Forum vide order dated 23.02.2015. The relevant portion of the order is reproduced as under ;

(3.) Being aggrieved by the order of the District Forum, the Respondent Financer approached the State Commission, Odisha. The State Commission vide impugned order dated 11.06.2015 allowed the revision petition and order thus;