State Consumer Disputes Redressal Commission
Indusind Bank Ltd. vs Kamal Jeet Singh on 5 January, 2011
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION(STATECOMMISSION)RAJASTHAN,JAIPUR. Appeal No.920/2010 Indusind Bank Ltd., Regd.office 2401, General Thimamya Road,Pune,Regional Office A-1, A.2,Umrao Commercial complex,M.I.Road,Jaipur. Appellant V. Kamal Jeet Singh,r/o 46,Neemach Cant, Tehsil and District Neemach. Respondent Appeal No.945/2010 Kamal Jeet Singh r/o Bunglow no.46, Neemuch Cantonment,Neemuch Appellant V. 1.
M/s Ashoka Leyland Finance Ltd through the Manager,90,Gangpur Road,Bhilwara
2.Indusind Bank Ltd.,Reg.office 2401,Poona Respondents Appeal No,921/2010 Indusind Bank Ltd., Regd.office 2401, General Thimamya Road,Pune,Regional Office A-1, A.2,Umrao Commercial complex,M.I.Road,Jaipur.
Appellant V. Kamal Jeet Singh,r/o 46,Neemach Cant, Tehsil and District Neemach.
Respondent 4.Appeal No.947/2010 Kamal Jeet Singh,r/o 46,Neemach Cant, 2 Tehsil and District Neemach.
Appellant V.
1.M/s Ashoka Leyland Finance Ltd through the Manager,90,Gangpur Road,Bhilwara
2.Indusind Bank Ltd.,Reg.office 2401,Poona Respondents
5.Appeal No.941/2010 Indusind Bank Ltd., Regd.office 2401, General Thimmya Road,Pune,Regional Office A-1, A.2,Umrao Commercial complex,M.I.Road,Jaipur.
Appellant V. Kamal Jeet Singh,r/o 46,Neemach Cant, Tehsil and District Neemach.
Respondent
6.Appeal No.946/2010 Kamal Jeet Singh,r/o 46,Neemach Cant, Tehsil and District Neemach.
Appellant V.
1.M/s Ashoka Leyland Finance Ltd through the Manager,90,Gangpur Road,Bhilwara
2.Indusind Bank Ltd.,Reg.office 2401,Poona Respondents 7.Appeal No.942/2010 Indusind Bank Ltd., Regd.office 2401, General Thimamya Road,Pune,Regional Office A-1, 3 A.2,Umrao Commercial complex,M.I.Road,Jaipur.
Appellant V. Ranjeet Jeet Singh,r/o 46,Neemach Cant, Tehsil and District Neemach.
Respondent 8.Appeal No.949/2010 Ranjeet Jeet Singh,r/o 46,Neemach Cant, Tehsil and District Neemach.
Appellant V.
1.M/s Ashoka Leyland Finance Ltd through the Manager,90,Gangpur Road,Bhilwara
2.Indusind Bank Ltd.,Reg.office 2401,Poona Respondents
9.Appeal No.943/2010 Indusind Bank Ltd., Regd.office 2401, General Thimmya Road,Pune,Regional Office A-1, A.2,Umrao Commercial complex,M.I.Road,Jaipur.
Appellant V. Ranjeet Jeet Singh,r/o 46,Neemach Cant, Tehsil and District Neemach.
Respondent 10.Appeal No.948/2010 Ranjeet Jeet Singh,r/o 46,Neemach Cant, Tehsil and District Neemach.
Appellant 4 V.
1.M/s Ashoka Leyland Finance Ltd through the Manager,90,Gangpur Road,Bhilwara
2.Indusind Bank Ltd.,Reg.office 2401,Poona Respondents
11.Appeal No.944/2010 Indusind Bank Ltd.,Reg.office 2401,Poona, Regional Office A-1,A.2, Umrao Commercial complex,M.I.Road,Jaipur.
Appellant V. Shravan Singh,r/o 46,Neemach Cant, Tehsil and District Neemach.
Respondent
12.Appeal No.950/2010 Shravan Singh,r/o 46,Neemach Cant, Tehsil and District Neemach.
Appellant V.
1.M/s Ashoka Leyland Finance Ltd through the Manager,90,Gangpur Road,Bhilwara
2.Indusind Bank Ltd.,Reg.office 2401,Poona Respondents 05.01.2011 Before:
Mr.Justice Ashok Parihar-President Mr.Sikander Punjabi-Member Mr.Shashi Kumar Pareek-Member 5 Shri Ajay Tantia,counsel for the appellant Company Shri J.P.Sharma,counsel for the complainant respondent BY THE STATE COMMISSION.
Since on similar set of facts the common order dated 19.4.2010 passed by the District Forum,Bhilwara is under challenge by the Indusind Bank Ltd.(hereinafter be referred as to the Finance Company ) and the complainant as well in the above appeals the same been heard together, are being decided by this common order.
2. After hearing the counsel for the parties, we have carefully gone through the material on record. The matter appears to have a chequered history. Without going into the details, the controversy appears to be very short before this Commission. The finance company is aggrieved by the compensation and interest rate ordered by the District Forum whereas the complainant respondent have two grievances.
3. The finance company was prepared to give NOC for the respective vehicles, however the complainant respondent is insisting to get the NOC from the original finance company i.e M/s Ashoka Leyland Finance Ltd and further has claimed more compensation with increased interest rate from the date of filing of the original complaint before the District Forum.
4. There is no dispute that M/s Ashoka Leyland Finance Ltd has already merged with the present finance company viz.Indusind Bank Ltd. The counsel for the present finance company submitted that they were prepared to give the NOC. However the complainant respondent refused to take the same.6
Since the original company has already merged with the present company it is not possible to get NOC from the original company which does not exist now. Even today before the Commission the learned counsel for the appellant finance company has brought the NOC for all the respective vehicles. However the complainant respondent who was also present before the Commission and his counsel refused to receive the same.
5. Be that as it may having considered the entire facts and circumstances since the District Forum on the basis of material available on record taking note of all the facts has given just and reasonable directions for granting the compensation and interest,we find no error or illegality in the directions issued by the District Forum, Bhilwara so as to call for any further interference in the present appeals.
6. Accordingly all the above appeals are dismissed as having no merits. The complainant respondent may now get the compliance of the order of the District Forum,Bhilwara in accordance with law. The complainant respondent is also free to withdraw the amount deposited by the appellant finance company before the District Forum,Bhilwara in view of filing the present appeals. There will be no order as to costs.
Member Member President A/G