BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

FA. No. 45/2019 AGAINST ORDERS IN CC. No. 39/2017 ON THE FILE OF DISTRICT CONSUMER FORUM, SANGAREDDY AT MEDAK Between

1. M/s. Saailco Finance Co. Ltd., Rep. by its Manager, Sailesh Singhi, S/o. Sumer Singhi, Aged about: 51 years, D.No.4-1-7/C/1/A & B, Opp: Wesley Church, Tilak Road, Ramkote, Hyderabad – 500001, Telangana.

2. The Branch Manager, Sri Ram Transport Finance Co. Ltd., Rep. by its Manager, D.No.12-13-1274, 3^rd Floor, Maspack House, Near St. Anna‟s School, Tarnaka, Hyderabad.

…..Appellants/Complainants And Mr. Mohammad Nizamuddin, S/o. Mohd. Abdul Ghani, Aged about: 59 years, Occ: Business, R/o. H.No. 4-8-36, Manjeera Nagar, Sangareddy Town and District,Telangana.

…Respondent/Opp.Party Counsel for the Appellants/ Complainants : M/s. C.L.N. Gandhi Counsel for the Respondent/ Opp.Party : M/s. Gopi Rajesh & Associates &

FA No. 39/2019 AGAINST ORDERS IN CC. No. 39/2017 ON THE FILE OF DISTRICT CONSUMER FORUM, SANGAREDDY AT MEDAK Between Mr. Mohammad Nizamuddin, S/o. Mohd. Abdul Ghani, Aged about: 57 years, Occ: Business, R/o. H.No. 4-8-36, Manjeera Nagar, Sangareddy Town and District.

…..Appellant/Complainant And

1. The Branch Manager, Sri Ram Transport Finance Co. Ltd., Rep. by its Manager, D.No.12-13-1274, 3^rd Floor, Maspack House, Near St. Anna‟s School, Tarnaka, Hyderabad.

2. M/s. Saailco Finance Co. Ltd., Rep. by its Manager, Mr. Sumer Singh Shailash, D.No.4-1-7/C/1/A & B, Opp: Wesley Church, Tilak Road, Ramkote, Hyderabad – 500001.

…Respondents/Opp.Parties Counsel for the Appellant/Complainant : M/s. Gopi Rajesh & Associates Counsel for the Respondents/ Opp.Parties : M/s. C.L.N. Gandhi QUORUM: HON’BLE SRI K. RANGA RAO, MEMBER (M-J), &

HON’BLE SMT.R.S.RAJESHREE, MEMBER (N-J)

THURSDAY, THE TWENTY SEVENTH DAY OF JUNE, TWO THOUSAND TWENTY FOUR *****

COMMON ORDER

(HON’BLE SRI K. RANGA RAO, MEMBER JUDICIAL)

1. As both these appeals arise out of one and the same order i.e., the order dated 15.03.2015 passed in CC No.39/2017 by the District Consumer Forum, Medak at Sangareddy, they are being disposed off by this common order.

2. FA No. 45/2019 is filed U/s. 15 of CP Act, 1986, by the Appellants/Opposite parties in CC No. 39/2017. FA No. 39/2019 is filed by the Appellant/Complainant in CC No. 39/2017. For the sake of clarity and convenience, the parties are referred to as they were arrayed in CC No. 39/2017 before the District Forum.

3. The brief facts of the case are as follows:

The Complainant Mohd. Nizamuddin had purchased two lorries bearing No. AP 28 TC 8616 & TS 12 UA 7840 by entering into an agreement with Opposite Party No.2 by taking the vehicle loan from Opposite Party No.2. Opposite Party No.2 hypothecated the said lorries with Opposite party No.1 without any intimation to the Complainant. The Complainant used to pay installments towards both the lorries to the Opposite Party No.2 and Opposite Party No.2 used to issue receipts and debited the amount only to the account of the lorry bearing No. TS 12 UA 7840. On questioning the same, Opposite Party No. 2 informed the Complainant that he will adjust the amount for both the vehicles but he never did so. While the matters should thus the Complainant went to Mumbai on 26.08.2018 after parking his two vehicles in Milad Ground Jalal Bag, Sangareddy. The Complainant returned from Mumbai on 10.09.2017 and he found his two lorries were missing from the ground. The Complainant and his family members searched for the lorries but they could not trace them. The Complainant under the impression that some unknown offenders might have committed theft of his lorries, he lodged the complaint with the police of Sangareddy town police station on 17.09.2017. Later, the Complainant came to know that Opposite Party No.2 took away his lorries. On the same, the Complainant approached Opposite Party No.2 and questioned about Opposite Party No.2 taking his two lorries.

4. The Complainant submits that due to some una