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A. P. SAHI, BHARATKUMAR PANDYA
Angeline Mohana Johnson – Appellant
Versus
Manager, State Bank of India – Respondent
ORDER :
Bharatkumar Pandya, Member.—The present Revision Petition has been filed by the Petitioner/Complainant against the order dated 21.10.2021 passed by the State Commission, Tamil Nadu, in First Appeal No. 98 of 2012, arising out of the order dated 18.01.2011 passed by the District Forum, Tirunelveli, in Complaint Case No. 27 of 2010, which was originally filed on 02.03.2010. The Petitioner/complainant is aggrieved by the impugned order whereby the State Commission modified and partly allowed the appeal modifying the order of District forum. The present Revision Petition has been filed along with an application seeking condonation of delay of 64 days. The Petitioner, a senior citizen aged about 72 years, has explained that the delay occurred due to age-related medical issues and unavoidable circumstances beyond her control. Having heard the submissions and being satisfied that sufficient cause has been shown for the delay, we are inclined to allow the application. Accordingly, the delay of 64 days in filing the Revision Petition is hereby condoned and the Revision Petition is taken on record.
2. The complainant participated in a public auction conducted by the Opposite Party - S
:(1) Unfair Trade Practice – Inviting bids based on false information regarding the legal status of the vehicle constitutes a clear Unfair Trade Practice.(2) Repossessed Asset Auctions – Financial in....
Revisional Jurisdiction – In exercise of revisional jurisdiction, NC has no jurisdiction to interfere with concurrent findings recorded by Forum & SC, which are on appreciation of evidence on record.
Deficiency in service occurs when repossession is conducted unlawfully without proper notice, violating consumer protection laws.
Vehicle’s possession taken by financer forcibly and in absence of any prior notice to the Respondent, it comes under unfair trade practice.
The court emphasized the importance of evidence in proving delivery of goods in deficiency of service cases.
The court affirmed that the vehicle was legally repossessed due to the complainant's failure to repay the loan, with no proven defects in the vehicle.
Home Loan – Reduction in sale consideration, though indicative of financial prejudice, cannot be wholly attributed to loss of Title Documents or quantified solely on the basis of sale documents.
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