Additional Bench STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

1) First Appeal No.254 of 2021 Date of institution : 26.07.2021 Reserved on : 14.11.2022 Date of decision : 21.11.2022 Cholamandalam Investment and Finance Company Limited, Dare House, 2 N.S.C. Bose Road, Parrys Chennai through its Legal Manager, Mohit Chugh S/o Sh.Bharat Bhushan aged 30 years, SCO-16, 1^st Floor, I-block market, Sarabha Nagar, Ludhiana, Punjab-141001.

…….Appellant/Opposite Party Versus Umesh Sharma son of Sh.Parshotam Lal resident of H.No.210, Regency Town, Phagwara, District Kaputhala, Punjab.

….Respondent/Complainant First Appeal U/S 41 of the Consumer Protection Act, 2019 against the order dated 22.03.2021 passed by the District Consumer Disputes Redressal Commission, Kapurthala.

Present:-

For the appellant : Ms.Pooja Chopra, Advocate For the respondent : Sh.Sanjeev Sharma, Advocate

2) First Appeal No.255 of 2021 Date of institution : 26.07.2021 Reserved on : 14.11.2022 Date of decision : 21.11.2022 Cholamandalam Investment and Finance Company Limited, Dare House, 2 N.S.C. Bose Road, Parrys Chennai through its Legal Manager, Mohit Chugh S/o Sh.Bharat Bhushan aged 30 years, SCO-16, 1^st Floor, I-block market, Sarabha Nagar, Ludhiana, Punjab-141001.

…….Appellant/Opposite Party Versus Umesh Sharma son of Sh.Parshotam Lal resident of H.No.210, Regency Town, Phagwara, District Kaputhala, Punjab.

….Respondent/Complainant First Appeal U/S 41 of the Consumer Protection Act, 2019 against the order dated 22.03.2021 passed by the District Consumer Disputes Redressal Commission, Kapurthala.

Present:-

For the appellant : Ms.Pooja Chopra, Advocate For the respondent : Sh.Sanjeev Sharma, Advocate Quorum:-

Mr. Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member KIRAN SIBAL, MEMBER By this order of ours, the above said two First Appeals i.e. First Appeal No.254 of 2021 titled as Cholamandalam Investment and Finance Company Limited Vs. Umesh Sharma, filed by the appellant/opposite party and First Appeal No.255 of 2021 titled as Cholamandalam Investment and Finance Company Limited Vs. Umesh Sharma, filed by appellant/opposite party shall be disposed of/decided with the common order as question of law and facts involved are similar in both the appeals.

2. F.A.No.254 of 2021 has been filed by the appellant/OP being aggrieved by the order dated 22.03.2021 whereas FA No.255 of 2021 has been filed by appellant/OP being aggrieved by the order dated 22.03.2021. However, the facts are being extracted from F.A.No.254 of 2021 i.e. Cholamandalam Investment and Finance Company Limited Vs.

Umesh Sharma

3. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

First Appeal No.254 of 2021 MA No.45 of 2022 (For placing on record affidavit and written arguments)

4. This application has been filed by the respondent/complainant for placing on record affidavit and written arguments.

Heard.

We have perused the application and affidavit filed by the respondent/complainant. The affidavit has been filed at the belated stage, not along with complaint before the District Commission. Even the same has not been filed at time of filing the rejoinder. Hence, we find no ground to allow the applicant to place on record his affidavit at this stage. However only written arguments filed alongwith this application are taken on record.

Main Case

5. The appellant/OP has filed the present appeal against respondent/complainant for setting aside the order dated 22.03.2021 passed by the District Consumer Disputes Redressal Commission, Kapurthala (in short the “District Commission”) whereby the complaint filed by the respondent/complainant was allowed. The relevant para of the impugned order is reproduced as under:-

“As a result of above discussion, the complaint is allowed and the OP is directed to refund the foreclosure charges of Rs.1,70,399.18/- alongwith interest @7% per annum from the date of filing the