State Consumer Disputes Redressal Commission
Kotak Mahindra Primus Ltd. & Anr. vs Manish Arun Tribhuvan on 18 August, 2009
1 F.A. No..: 2335-04
STATE CONSUMER DISPUTE REDRESSAL COMMISSION,
MUMBAI, CIRCUIT BENCH AT AURANGABAD.
Date of filing : 14.12.2004
Date of Order : 18.08.2009
FIRST APPEAL NO. 2335 OF 2004
IN COMPLAINT CASE NO. 173 OF 2004
DISTRICT CONSUMER FORUM: AHMEDNAGAR.
Kotak Mahindra Primus Ltd. & Anr.
Branch Office, 1st Floor,
Dattatraya Darshan Complex,
Opp. Vision Hospital, College Road, Nasik,
Registered Office, Kotak Mahindra Primus Ltd,
36-38A, Nariman Point,
Mumbai-400 021. ...Appellant
- VERSUS-
Manish Arun Tribhuvan
R/o. Near Sutgirni Primary School,
A/p. Shrirampur, Tal. Shrirampur,
Dist. Ahmednagar. ... Respondent
Coram : Shri.S.G.Deshmukh, Hon`ble Judicial Member.
Mrs. Uma S.Bora, Hon`ble Member.
Present: Adv. Shri. U.N. Shete, for the appellant.
:: ORAL ORDER ::
Per Shri S.G.Deshmukh, Hon`ble Presiding Judicial Member
1. The present appeal is filed by the Kotak Mahindra Primus Ltd. against the judgment and order dated 27.10.2004 in complaint case no.173/2004 passed by District consumer Forum, Ahmednagar.
By this judgment the Forum directed that the vehicle MH-17 N 1387 is to be retained by the complainant and the present appellant should 2 F.A. No..: 2335-04 not repossess the vehicle unless the order of competent court is obtained in that respect. It is further ordered that, the amount of Rs.1,00,000/- deposited in the Forum and the interest accrued on it, be paid to the appellant. The amount is to be adjusted towards the due installments upto decision and interest on due installments February to June-2004. The complainant is to go on depositing the monthly installment from November, 2004 onwards. If the installment falls due, the appellant will be at liberty to obtain order for repossession from competent court. Further the appellant is directed to pay Rs.10,000/- towards mental agony and Rs.3,000/- towards the cost.
2. Notice was issued to the respondent. None appeared for the respondent. The learned counsel for the appellant mentioned that, the parties have compromised matter and came to the terms of settlement out of court. Accordingly the letter issued by the complainant to the appellant is brought on record by the learned counsel for the appellant. The learned counsel mentioned that, in view of the settlement letter the appellant does not want to proceed in the appeal. In view of the settlement letter the appeal is disposed of as per settlement out of court. The appellant is allowed to withdraw the amount deposited in the Forum as per direction by the Commission.
(Mrs. Uma S. Bora) (S. G. Deshmukh)
Member Presiding Judicial Member
Kalyankar
3 F.A. No..: 2335-04