NCDRC

NCDRC

RP/3686/2009

ASHOK LEYLAND FINANCE LTD. - Complainant(s)

Versus

VINOD K. NAVELKAR & ORS. - Opp.Party(s)

MR. K.N JAYASANKAR

13 Jan 2010

ORDER

Date of Filing: 01 Oct 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3686/2009
(Against the Order dated 13/05/2009 in Appeal No. 28/2008 of the State Commission Goa)
1. ASHOK LEYLAND FINANCE LTD.Ashok leyland Finace ltd.Alcon Chambes 1st Floor. D.B. Bandodkar Road. Pananji Goa ...........Appellant(s)

Vs.
1. VINOD K. NAVELKAR & ORS.R/o.House No.398. Near Ganesh Temples Bogda VAsco Da Gama Goa 15/05/2009 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 13 Jan 2010
ORDER

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          State Commission has dismissed the appeal relying upon the decision of this Commission in “Citicorp Maruti Finance Ltd. vs. Vijaya Laxmi 2005 Vol. II CPJ 327” to held that the petitioner could not repossess the vehicle forcibly.   Admittedly, after the truck had met with an accident, it was retrieved by the owner of the truck and

-2-

was given for repair in the garage and the petitioner sent its agents to repossess the vehicle.   No notice was issued to the complainant before repossessing the vehicle.  The possession taken by the petitioner, as held by us in the case cited above, is not an accepted norm in a civilized society.  Dismissed.  No costs.

 

 

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER