KOTAK MAHINDRA BANK LTD. Vs. MD. SARIF ANSARI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 18.01.2013 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') in SC Case No. FA/167/2012 Manager, Kotak Mahindra Bank Ltd. Vs. Md. Safir Ansari by which, appeal was partly allowed.

(2.) Brief facts of the case are that complainant/Respondent obtained loan of Rs.4,57,690/- from OP/petitioner on 28.8.2010 which amount was to be paid in 35 EMIs of Rs.18,270/- each. Complainant made payment by four receipts. On 27.3.2011, OP with the help of mussel power, took away vehicle from possession of complainant forcibly. Complainant later on sent one notice dated 18.4.2011 demanding Rs.5,01,092.72 and another notice dated 9.5.2011 demanding Rs.3,39,593.72 inspite of making payment of Rs.3,000/-. Alleging deficiency on the part of OP, complainant filed complaint and claimed Rs.7,00,000/- as compensation. OP resisted complaint and submitted that as complainant defaulted in payment of EMI, vehicle was repossessed and sold for Rs.1,61,000/- and at the time of repossession, Rs.5,00,593.72 were outstanding and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.10,00,000/- as compensation in various heads and Rs.10,000/- as cost of litigation. Appeal filed by OP was partly allowed by learned State Commission vide impugned order and compensation was reduced to Rs.3,00,000/- against which, this revision petition has been filed.

(3.) Heard learned Counsel for the petitioner and respondent in person finally at admission stage and perused record.