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SUBHASH CHANDRA, J. RAJENDRA
Geeta Rani – Appellant
Versus
Sonali Auto (P) Ltd. – Respondent
ORDER
AVM J. Rajendra, AVSM, VSM (Retd.), Member—This Revision Petition No. 3807 of 2017 challenges the Bihar State Consumer Disputes Redressal Commission, Patna (‘State Commission’) order dated 22.09.2017 dismissing FA No.335 of 2016 and upholding the order of District Consumer Disputes Redressal Commission, Patna (‘District Commission’) dated 31.08.2016 allowing the Complaint of the Petitioner/Complainant directing the OPs to refund the extra amount of Rs.10,776/- paid by the complainant, pay compensation of Rs.50,000/- and to pay Rs.10,000/-as litigation costs.
2. Brief facts of the case, as per the Petitioner/Complainant, are that the Complainant No. 1 (an insurance agent) and Complainant No. 2 (her daughter-in-law), jointly approached the United Bank of India, Usri Branch for loan to purchase a Mahindra Xylo vehicle. The complainants engaged Opposite Party (OP) No.1 (an authorized dealer of OP-2, the manufacturer) for the vehicle purchase. On 15.03.2012, OP-1 issued a quotation. Subsequently, the loan was sanctioned by the bank, and the complainants provided a demand draft of Rs.7,00,000 to cover the vehicle’s cost as per the quotation. However, they were asked to pay an additi
(1) Evidence - The District Forum in pursuance of its mandate under Section 13 was required to have the necessary evidence produced before it prior to drawing an adverse inference.(2) Order to replac....
An unregistered agreement does not invalidate a consumer complaint; service of notice is deemed valid under the applicable law, and the appropriate legal remedy is an appeal, not a revision.
Revisional jurisdiction - Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in it by law, or has failed to exercise the jurisdiction so vested illeg....
The court ruled that execution proceedings under the Consumer Protection Act must follow statutory appeal routes, and revisional jurisdiction under Article 227 is not applicable.
(1) Revision – It is a well settled position in law that the scope for Revision under Section 21(b) of the Consumer Protection Act, 1986 and now under Section 58(1)(b) of the Consumer Protection Act,....
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