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I. I

Date of pronouncement:

IN THE NATIONAL CONSUMER DISPUTES REDRESSAL

COMMISSION NEW DELHI

REVISION PETITION NO. 464 OF 2018

(Against the Order dated 18'07.2017 in FA No.1176/2015 of the State Comryiission, Punjab)

UAvninder Singh,

S/O Avtar Singh Nagra,

R/o House No. 15, Village Mahi Rauli,

Ropar, Punjab.

(through Special Power of Attorney Holder Faqir Mohammad)

2. Faqir Mohammad,

S/o Sadiq Mohammad,

R/o Village Lasara,

Post office Jaijon Doaba, Tehsil Garshankar,

District Hoshiarpur,

Punjab. Petitioners

Versus

1. Kotak Mahindra Bank Limited

4th Floor, Corporate Park, Gl Road,

Jalandhar

2 Kotak Mahindra Bank Limited,

SCO-153-154-155, Sector 9-C,

Chandigarh,

Through Bank Manager. ... Respondents

BEFORE:

HON'BLE AVM J. RAJENDRA, AVSM VSM (RETD.), PRESIDING

MEMBER

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER

Appearance at the time of arguments:-

For the Petitioner : Mr. Sanjib Dutta, Advocate

RP No. 464/2018 Page 1 of 14

For the Respondents : Mr. P.K. Seth, Advocate

Ms. Alana Mohammad, Advocate

JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER

ORDER

1. Present Revision Petition has been preferred by the Petitioner/

(Complainant in proceedings filed before the learned District Forum),

challenging Order dated 18.07.2017 passed learned. State Consumer

Disputes Redressal Commission, Punjab in First Appeal No. 1176 of

2015, whereby the appeal was partially allowed. Consequently, Order

passed by the learned District Forum directing the opposite party to pay

Rs.3,53,776/- to the complainant/(petitioner) was set aside but

compensation of Rs.25,000/- with cost of Rs.3,000/- was enhanced to

Rs.60,000/- with litigation cost of Rs.20,000/-.

2. The petitioner and respondent, are hereinafter referred to as

complainant and opposite party as appearing in the complaint filed

before the learned District Forum, for sake of convenience.

3. The facts fall within a narrow compass. In brief, complaint was

preferred by Faqir Mohammad/(complainant no.2) on the basis of

Special Power of Attorney executed by Avninder Singh (complainant no.

1) in respect of vehicle/truck bearing registration no.PB-23F-9907. The

RP No. 464/2018 Page 2 of 14

said vehicle stood hypothecated with Kotak Mahindra Bank/opposite

party since loan of Rs.6,80,000/- was obtained by registered owner

Avninder Singh/complainant no.1, vide loan agreement dated

24.12.2012. The vehicle was further sold by Avninder

Singh/complainant no.1 to Faqir Mohammad/complainant No. 2 on

03.09.2013 and an affidavit of sale along-with receipt of consideration

amount was executed by Avninder Singh. However, the vehicle was not

got transferred in record of transport authority and registered in the

name of Faqir Mohammad/complainant no.2 due to hypothecation of the

vehicle. EMI towards repayment of loan taken from Kotak Mahindra

Bank were regularly paid by Faqir Mohammad till May, 2014. The

grievance of the complainants is that when the EMI installment for the

month of June, 2014 was approaching, officials of opposite party without

giving any prior notice regarding any default on the part of the

complainant, illegally seized the vehicle on 18.06.2014 at 7.30 a.m.

near Ahmadabad (Gujarat) through recovery agents. Despite contacting

the officials of opposite party, the balance due installment as on

20.06.2014 was not accepted.

4. It is further the case of complainant that opposite party/respondent

violating Section 11 of the Arbitration & Conciliation Act and without

RP No. 464/2018 Page 3 of 14

giving any notice to the complainants arbitrarily appointed Shri

Harbhajan Dass, Additional District & Sessions Judge (Retired) as sole

Arbitrator and a claim petition for Rs.2,61,824/- was filed for recovery.

5. In the afore-said background, complainant preferred the complaint

before District Forum Jalandhar wherein vide Order dated 09.07.2014,

opposite party was restrained from selling the vehicle in question.

However, suppressing the fact regarding restraint Order dated

09.07.2014 passed by the learned District Forum, opposite party

obtained an Order form