NCDRC

NCDRC

RP/5/2018

M/S. MAGMA FINCORP LIMITED (FORMERLY MAGMA LEASING LIMITED) - Complainant(s)

Versus

RAJESH KUMAR TIWARI - Opp.Party(s)

M/S. SANJEEV SINGH ASSOCIATES

02 Aug 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 5 OF 2018
 
(Against the Order dated 31/08/2017 in Appeal No. 1704/2008 of the State Commission Uttar Pradesh)
1. M/S. MAGMA FINCORP LIMITED (FORMERLY MAGMA LEASING LIMITED)
(FORMELY MAGMA LEASING LIMITED) HAVING ITS ZONAL OFFICE AT: F-4 FIRST FLOOR, OKHLA INDUSTRIAL AREA, PHASE-1, OPPOSITE OKHLA POLICE STATION,
NEW DELHI - 110020
...........Petitioner(s)
Versus 
1. RAJESH KUMAR TIWARI
S/O SHRI RAM JUGIR TIWARI, R/O VILLAGE RAMMANPUR, P.O BANGANV DIHWA,
DISTRICT : AMDEDKAR NAGAR
UTTAR PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Mr. Satish Kumar, Advocate
For the Respondent :

Dated : 02 Aug 2018
ORDER

We have heard the Learned Counsel for the Petitioner and perused the impugned order passed by the State Commission. 

The State Commission has affirmed the order passed by the District Forum on the finding that the address of the Respondent/Complainant, as mentioned in the Hire Purchase Agreement, is “Village Rammanpur, Post – Bangaon Dehwa, Akbarpur, Ambedkar Nagar” whereas the notice for repossessing the vehicle was sent to him at “Rampur Bangaon, Akbarpur, Ambedkar Nagar”, which is not the correct address of the Complainant and, therefore, the notice for repossession was held to have not been served on the Complainant, as a result of which the Petitioner did not have any right to repossess the vehicle and put it to auction.

That being the finding, which could not be controverted by the Learned Counsel for the Petitioner even before us, we are not inclined to interfere with the impugned order.

Accordingly, the Revision Petition fails and is dismissed in limine.     

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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