(Mohan M. Shantanagoudar and R. Subhash Reddy, JJ.)
R. Kamalakannan ________________________________ Appellant;
v.
Branch Manager, Shriram Transport Finance Co. Ltd. and Another ______________________________________________ Respondent(s).
Civil Appeal No(s). 8879/2014, decided on February 4, 2020
The Order of the court was delivered by
Order
1. The order of the National Consumer Disputes Redressal Commission, New Delhi dated 11.02.2014, passed in Revision Petition No. 2252 of 2013, is called in question in this appeal. The Respondent though served has chosen to remain absent.
2. Having heard learned counsel for the Appellant and upon perusal of the record, we do not find any ground to interfere in the impugned judgment. However, the fact remains that the Appellant herein has paid 20 installments out of 24 installments due to the Respondents. Since the installments were not paid in a regular manner, the vehicle, which was hypothecated, was seized by the Respondents and sold in the year 2009 itself. According to the Appellant, Rs. 45,120/- is due.
3. Be that as it may, having regard to the fact that the Appellant was a defaulter and did not pay the installments as and when they fell due, in our considered opinion, the National Consumer Disputes Redressal Commission was justified in passing the order in favour of the Respondents. However, we clarify that by virtue of the impugned order, the Respondents should not be allowed to recover any money from the Appellant since the vehicle has already been sold by the Respondents. Having regard to the material on record, we are of the opinion that the settled matter should not be allowed to be reagitated.
4. The appeal stands disposed of accordingly. We also make it clear that both the parties shall not have any claim against each other in respect of the transaction in question.
Civil Appeal No(s). 8879/2014
R. Kamalakannan ____________________________________ Appellant
v.
Branch Manager, Shriram Transport Finance Co. Ltd. & Anr _______________________________________________ Respondent(s)
Date: 04-02-2020 This appeal was called on for hearing today.
(Before Mohan M. Shantanagoudar and R. Subhash Reddy, JJ.)
For Appellant(s) Mr. Mayil Samy. K., Adv.
Mr. K.K.S. Krishnaraj, Adv.
Mr. Ram Sankar, Adv.
Mr. T.R.B. Sivakumar, AOR
For Respondent(s) Ms. Momota Devi Oinam, AOR(Not present)
UPON hearing the counsel the Court made the following
ORDER
5. The appeal stands disposed of in terms of the signed order.
6. Pending application(s), if any, stands disposed of accordingly.
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