HDFC Bank Limited VS Syed Mushir Abbas

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

J. RAJENDRA, AVSM VSM
HDFC Bank Limited – Appellant
Versus
Syed Mushir Abbas – Respondent

Counsel for the Parties:
For the Petitioner:Mr. Rishabh Raj Jain, Advocate
For the Respondent No.1:Ms. Parul Shukla and Ms. Shreya Bhojnagarwala, Advocates
For the Respondents Nos.2 and 3: Ex Parte Vide Order Dated 12.06.2023

ORDER

The present Revision Petition has been filed by the Petitioner under Section -58(1)(b) of the Consumer Protection Act, 2019 (the “Act”) against impugned order dated 22.09.2021 of the learned State Consumer Disputes Redressal Commission, UP at Lucknow (‘the State Commission’) in First Appeal No. 1911 of 2010, wherein the Appeal filed by the Complainant was partly allowed upholding the Order dated 06.10.2010 passed by the learned District Consumer Disputes Redressal Forum, Kanpur Nagar (“District Forum”) in CC No.238 of 2008, with some modification.

2. For convenience, the parties are referred to as in the original Complaint before the District Forum. Syed Mushir Abbas is referred to as the Complainant (Respondent No. 1), HDFC Bank Ltd. is referred to as the Petitioner (OP-1), Allahabad Automobiles Garage is referred to as the Respondent No. 2 (OP-2) and Jamuna Motors is referred to as the Respondent No. 3 (OP-3).

3. Brief facts of the case, as per the Complainant, are that on 11.02.2005, the Complainant purchased Truck No-UP-78-AN/ 0529 from Amar Nath for Rs.4,45,000, with Rs.1,02,000 paid in cash and Rs.3,43,000 through a financial loan from OP-3. The OP-3, acting as the fina