ORDER

K.B. Sangannanavar, Judicial Member—This is an Appeal filed U/s.15 of C.P Act, 1986 by OPs in CC No.208/2018 on the file of District Consumer Disputes Redressal Forum, Chitradurga, aggrieved by the order dated 08.08.2019.

2. Commission examined grounds of Appeal, impugned order and heard learned counsel for Appellant.

3. Learned counsel for Appellant submits that Forum below before recording finding on point No.1 by the end held once OPs have collected amount from the complainant towards full and final settlement, question of asking again does not arise at all is not correct, since complainant/loanee at the relevant time was still due of Rs.3,15,594-20 and the Forum below failed to consider such vital aspect of the matter directed OPs to give the vehicle loan clearance certificate within 30 days and awarded compensation of Rs.10,000/-, which in our view is un sustainable. Learned counsel for the Appellant to find support case of OPs/Appellant relied on a decision reported in IV (2020) CPJ 191 (NC) in a case of HDFC Bank Limited versus Nilesh Mangaldas Shah & Ors., wherein held,

Default in payment of installments – Allegedly notice not given – Deficiency in service alleged – Notice was duly sent to complainant before vehicle was re-possessed – Register also bears the stamp of concerned post office – Since surrender letter purporting to be executed by driver of complainant was filed before District Forum it was necessary for complainant to counter the stand of petitioner in this regard by examining driver as a witness or at least by filing his affidavit – No such course having been adopted by complainant the obvious inference would be that driver had peacefully surrendered vehicle to petitioner – Agreement between parties authorized petitioner to re-possess vehicle without giving any notice to borrower – Deficiency not proved – Complaint dismissed.

In view of the above ratio, Counsel submits that complaint deserve to be dismissed but facts remained that Forum below has failed to consider certain vital aspects of the matter as stated supra and in such circumstances, it would be just and proper to remand back the matter to the Forum below to reconsider the matter afresh to decide on such issues. Hence Commission proceed to allow the Appeal. Consequently set aside the impugned order passed in CC No.208/2018 on the file of District Consumer Disputes Redressal Forum, Chitradurga with a direction to reconsider the matter afresh after affording opportunity to both parties and dispose of the matter as early as possible not later than three months from the date of receipt of order.

4. Amount in deposit is directed to be refund to the OPs/Appellant with proper identification by their Advocate.

5. Provide copy of this order to the District Commission as well as parties to the appeal.