ASHOK LEYLAND FINANCE LTD. Vs. KRISHAN KUMAR DHANKHAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner M/s. Ashok Leyland Finance Ltd. against the order dtd. 31/5/2017 of the State Consumer Disputes Redressal Commission, Delhi, (in short 'the State Commission') passed in FA No.1148 of 2012.

(2.) Brief facts of the case are that the petitioner had financed the vehicle of the respondent/complainant by sanctioning loan of Rs.8,50,000.00. The vehicle was repossessed as the respondent did not pay the instalments regularly and the vehicle was sold by the petitioner for a sum of Rs.6,50,000.00. There was still some outstanding against the complainant and the petitioner used the security cheque given by the complainant for recovery of amount Rs.3,62,000.00, but the cheque got bounced and the petitioner filed a complaint before the competent court under Sec. 138 of Negotiable Instruments Act 1881. As the notice was received by the complainant, the complainant filed a consumer complaint against the petitioner before the District Forum. District Forum dismissed the complaint No.776 of 2006 vide its order dtd. 23/11/2012.

(3.) Aggrieved by the order of the District Forum, the complainant preferred appeal No.1148 of 2012 before the State Commission. The State Commission vide its order dtd. 31/5/2017 allowed the appeal and passed the following order:-