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2021 Supreme(Online)(NCDRC) 408

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. C. VISWANATH, PRESIDING MEMBER, MR. JUSTICE RAM SURAT RAM MAURYA, MEMBER
M/S. SHRIRAM TRANSPORT FINANCE CO. LTD. – Appellant
Versus
NIKIL PATRA & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Varun Dev Mishra
For the Respondents: Mr. Anjan Sinha

Table of Content
1. mandatory notice for repossession underlined; court's finding upheld. (Para 2 , 3)
2. illegal repossession without notice results in financial loss. (Para 4 , 6)
3. court dismissed arguments based on unproduced evidence. (Para 8 , 9)
4. repossession without prior notice violates the terms of agreement. (Para 10)

1. Heard Mr. Varun Dev Mishra, Advocate, for the petitioner and Mr. Anjan Sinha, Advocate, for respondent-1.

2. This revision has been filed against the order of State Consumer Dispute Redressal Commission, West Bengal, dated 16.03.2020, passed in First Appeal No. 5 of 2018, (arising out of the order of District Consumer Disputes Redressal Forum, Hoogly, dated 25.10.2017, passed in Consumer Complaint No. 182 of 2014), whereby District Consumer Disputes Redressal Forum, has allowed the complaint, directed the petitioner to return the tractor to the complainant with all accessories in good condition, to pay Rs.5,00,000/- towards compensation and Rs.10,000/- as the cost and the appeal filed by the petitioner has been dismissed.

3. The office has reported that the revision has been filed with delay of 296 days. Supreme Court in Suo Moto Writ Petition (C) No. 3 of 2

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