ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 2558 of 2016

Tata Motors Finance Limited, Think Techno

Campus Building A, IInd floor, Off Pokhran

Road-2, Thane Maharastra; & Interalia its

Branch Office at Padam Business Park, 101 &

102, Avas Vikas, Sikandara Road, Agra through

its Manager.                                                          ...Appellant.

Versus

Santosh Kumar s/o Sh. Jaipal Singh,

R/o Mohalla Lakshmanpuram Colony,

Nagla Masani, Khair Road, Aligarh.                …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri Rajesh Chaddha, Advocate for appellant.

None for the respondent.

Date 16.11.2022

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been filed against the judgment and order dated 30.11.2015 passed in complaint case no.294 of 2009, Santosh Kumar vs. Tata Motors Finance Limited, whereby the ld. District Forum, Aligarh allowed the complaint and directed the opposite party/appellant to provide the accounts regarding loan and payments by the complainant. The ld. District Forum further directed to reject the demand notice dated 30.7.2009 and return the vehicle no.UP 81 S-2250 to the complainant or to pay Rs.3,66,000.00 cost of the vehicle to the complainant alongwith payment of Rs.2,000.00 as compensation for mental harassment and agony and Rs.2,000.00 as cost of the complaint.

          This order is challenged on the ground that no opportunity is afforded to the appellant to put up its case before the ld. District Forum. The complainant failed to pay regular instalments of the loan and the ld. District Forum, Aligarh has no territorial jurisdiction to deal with this case because the transactions took place at Agra not at Aligarh. It is also mentioned that the complaint is time barred.

(2)

          We have heard the ld. Counsel for the appellant. None present for the respondent.

          On perusal of the complaint, this fact clearly indicates that the complainant took a loan from Tata Motors Finance Limited which has its office at Aligarh, therefore, partial cause of action arises at Aligarh also. Hence, ld. District Forum, Aligarh has jurisdiction to adjudicate upon the complaint. 

          The complainant himself admitted that he repaid only Rs.71,150.00 to the financer, so he himself committed default in payment of the instalments of loan taken by him. As per allegation of the complaint, employee of the appellant/ opposite party took the vehicle on 28.12.2005 and sold out the vehicle to another person. The complainant filed the complaint on 20.11.2009 while the cause of action arose on 28.12.2005 when the vehicle in question was repossessed by the appellant/opposite party. Therefore, this complaint is time barred as per provision of section 24(a) of the Consumer Protection Act, 1986. The ld. District Forum wrongly entertained and decided the time barred complaint. Therefore, judgment and order deserves to be set aside and the appeal allowed.   

ORDER

          Appeal is allowed. The judgment and order dated 30.11.2015 passed in complaint case no.294 of 2009 is hereby set aside. Since the complaint is time barred, hence, the complaint is dismissed. 

                    The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Jafr, PA I

Court 2