State Consumer Disputes Redressal Commission
Md Mahindra & Mahindra Financial ... vs Smt. Anita Devi on 18 November, 2010
H H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA. Revision Petition No. 10/2010. Date of Decision 18.11.2010 In the matter of: 1. Managing Director, Mahindra & Mahindra Financial Services Limited 2nd Floor Szdhana House, 570 PB Marg, Worli Mumbai 400 018 through its Branch Office at Kachighati, Tara Devi Shimla-10, HP through its Assistant Manager Sh. Mohinder Gautam; 2. The Branch Manager, Mahindra & Mahindra Financial Services Limited R/o Vill. Lunapani, PO Bhangrotu, Tehsil Sadar, Distt. Mandi, HP. Petitioners/JDs/OPs. Versus Smt.Anita Devi, W/o Sh. Dalip Singh R/o Vill. Mudre, PO Troh, Tehsil Sadar, Distt. Mandi, HP. Respondent. Honble Mrs. Saroj Sharma, Presiding Member. Honble Mr. Chander Shekher Sharma, Member. Whether approved for reporting? Yes. For the Petitioners: Mr. Vivek Negi, Advocate. For the Respondent. None. O R D E R
Per Mrs. Saroj Sharma, Presiding Member, (Oral).
Office is directed to issue supplementary cause list for today. Revision Petition No. 10/2010 was filed on 16.11.2010 which was listed by the office for 22.11.2010, but on the request of Mr. Negi learned counsel for the petitioner, the same was taken up today. It has been filed in order to challenge the order passed by District Forum, Mandi on 19.10.2010 in Ex. Pet No. 18/2010 vide which the objections of the petitioner were disposed of as there was found no force in the said objections. He had come before us against the dismissal of the said objections. Per him the District Forum below has gravely erred by passing the impugned order dated 19.10.2010 while directing the appellant to pay the amount of Rs. 46,200/- as damages to the petitioner/DH. Besides cost of Rs. 5,000/- which was imposed by this Commission. He has referred to the interim order of this Commission to the following effect:-
After having heard the learned counsel Shri Mahajan, it is ordered that subject to respondents filing undertaking to the satisfaction of the Registrar of this Commission, that in the event of appeal being allowed, she agrees and undertakes to pay the amount claimed by the appellant without any demur/objection and after such undertaking is accepted, on production of a certified copy thereof, appellant shall comply with the order passed by this District Forum below.
2. In para 2 he has submitted that the respondent filed Execution Petition No. 18/2010 for enforcement of the order dated 12.11.2007 before District Forum below in its entirety. The execution petition was contested by filing objections. However the objections filed were disposed of vide impugned order dated 19.10.2010 against which the present revision petition has been filed before us.
According to Mr. Negi there was material irregularity and illegality while passing the said impugned order. Besides this, he has raised some other grounds also pertaining to the amount which was ordered to be paid. Mr. Negi has submitted that there was no wilful default on the part of the petitioner since the petitioner complied with the order dated 17.12.2007 which was an interim order passed by this Commission and also submitted that respondent herself has defaulted in giving undertaking in compliance of the order of this Commission dated 17.12.2007.
After going through the contents of the application and the record, we feel that there is no illegality or material irregularity in the order passed by the District Forum below against which this revision petition has been preferred before us nor the executing court has gone beyond its jurisdiction while passing the order. We do not find necessity to interfere with the order pass by the District Forum below which is well reasoned, therefore, the present revision petition is dismissed in limine. The same stands disposed of accordingly.
Revision petition along with MA No 815/2010 be consigned to records as disposed being dismissed.
Mr. Negi has undertaken to collect copy of this order from the Court Secretary free of cost as per rules, and office is directed to send copy of this order in the like manner to the respondent/DH.
Shimla, November 18, 2010. (Saroj Sharma) Presiding Member.
(Chander Shakher Sharma) Krn* Member.