State Consumer Disputes Redressal Commission
Liyakat Mohamd Saheb Sayyad vs Dharampal R. Agarwal & Ors. on 3 February, 2012
UNDER CERTIFICATE OF POSTING
BEFORE THE
HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal
No. A/07/229
(Arisen out
of Order Dated 22/01/2007 in Case No. Complaint Case No. CC/06/02 of
District Sangli)
1.Liyakat Mohamd Saheb Sayyad R/a. 'B' Subhash Nagar, Tahali Road, Miraj, Tal. Miraj, Dist. Sangli Maharashtra ...........Appellant(s) Versus
1. Dharampal R. Agarwal Deokripa Society, Vardhman Nagar, 216, Bhandara Road, Nagpur Maharashtra
2. Ashok B. Kokate R/o. Deokripa Society, 216, Bhandara Road, Vardhman Nagar, Nagpur 440 008.
Maharashtra
3. Shri. Anand Mankar R/a. Plot No. 29, Shivraj Society, Near Datta Nagar, Kadamwadi, Kolhapur Maharashtra ...........Respondent(s) BEFORE:
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER Hon'ble Mr. Narendra Kawde MEMBER PRESENT:
None present.
O R D E R Per Shri S.R. Khanzode Honble Presiding Judicial Member:(1)
Both parties absent in spite of the notice published on notice board, on internet, as well as by way of abundant precaution notice sent by post on 24.01.2012. In the circumstances this being one of the oldest appeals, we consider it proper to consider the same for the admission, the stage at which it is pending for long.(2)
This appeal is filed against the dismissal of the consumer Complaint No.2/2006 dated 22.01.2007., Liyakat Mahamadsaheb Sayyed V/s. Dharmpal Rajkumar Agrawal & Ors., passed by District Consumer Disputes Redressal Forum, Sangli (the Forum in short).(3)
The grievance is about the Tata Sumo Motor vehicle being taken in possession by the financial institution on default of payment of the loan. The Forum held that since there is default and agreement between the parties authorized the Respondent/Opponent to take possession on default, there is no deficiency in service and dismissed the complaint.
(4)There is no reason to take a different view than what has been taken by the Forum. The appeal is devoid of any substance. We hold accordingly and pass the following order:
O R D E R
(i) Appeal is not admitted and stands rejected.
(ii) No order as to costs.
Pronounced on 3rd February, 2012.
[Hon'ble Mr. S.R. Khanzode] PRESIDING MEMBER [Hon'ble Mr. Narendra Kawde] MEMBER ep