STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA
Date of Institution: 15.05.2018
Date of decision: 24.07.2023
First Appeal No.668 of 2018
IN THE MATTER OF:
Cholamandalam Investment and Finance Company Ltd. having its Registered office at Dare House No. 2, (Old No. 234, NSE Bose Road, Parrys, Chennai-600001.
& One of its Branch Office at 6, Push Road, Second Floor, Karol Bagh, New Delhi-110005 through its authorized representative Mr. Sunil Griwan. ....Appellant
Versus
Abid Khan S/o Sh. Jabar Khan, R/o House No. 117, Village Sarai, Post Khataila, Hodal, Haryana-121106. …..Respondent
CORAM: Naresh Katyal, Judicial Member
Argued by:- Sh. S.C. Thatai, counsel for the appellant.
Sh. Rajbir Singh, counsel for respondent.
ORDER
NARESH KATYAL, JUDICIAL MEMBER:
Challenge in this appeal No.668 of 2018 has been invited by Cholamandalam Investment and Finance Ltd. (name mentioned in the complaint and in impugned order : Cholamandalam Finance Company) to the legality of order dated 01.01.2018 passed by District Consumer Disputes Redressal Forum-Palwal (In short “District Consumer Commission”) in complaint case No.270 of 2017.
2. Today, this appeal came up for hearing. Learned counsel for the appellant has suffered following statement on oath:-
“Stated that I have no objection, if case is remanded to District Consumer Commission, Palwal for fresh decision of original complaint filed by Abid Khan, after setting aside the order dated 01.01.2018 of District Consumer Commission, Palwal, now challenged in this appeal and to allow the appeal accordingly. I further state that appropriate opportunity be given to Cholamandlam Finance Co. to tender its written statement and evidence before District Consumer Commission, Palwal.”
Learned counsel for the respondent has also suffered following statement on oath:-
“Stated that I have heard the statement of Sh. S.C. Thatai, advocate of the appellant and agree to the same. I have no objection, if the case is remanded to District Consumer Commission, Palwal for fresh decision of original complaint filed by Abid Khan after setting aside order dated 01.01.2018 of District Consumer Commission, Palwal, now challenged in this appeal and to allow this appeal accordingly. I further state that I have no objection, if appropriate opportunity is given to Cholamandlam Finance Co. to tender its written statement and evidence before District Consumer Commission, Palwal”.
3. As flowing consequence, in the light of statement of learned counsel for the appellant, which has been endorsed and accepted by learned counsel for the respondent; this appeal is allowed. Impugned order dated 01.01.2018 is set aside. Case is remanded back to learned District Consumer Commission- Palwal for fresh decision on merits. Learned District Consumer Commission-Palwal is directed to grant appropriate opportunity to the opposite party in original complaint i.e. Cholamandalam Finance Company to tender its written version/statement and to lead evidence. Opportunity be also granted to complainant- Abid Khan to rebut the evidence, led by opposite party. Ultimately, learned District Consumer Commission-Palwal would earnestly endeavor to dispose off the original complaint on merits, within three months, reckoned from the date when both the parties would now appear before it in furtherance to this order. Both parties to this lis are directed to appear before learned District Consumer Commission-Palwal on 31.08.2023, either in person, or through their respective representative.
4. Registry of this Commission is directed to remit back the original record of complaint, forthwith along with certified copy of this order.
5. A copy of this order be provided to both parties, free of cost, as mandated by the Consumer Protection Act, 1986/2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties. Appeal file be consigned.
Date of decision: 24thJuly, 2023
Naresh Katyal
Judicial Member
Addl. Bench-II
