Citicorp.Maruti Finance Ltd vs S.Vijayalaxmi

2. SLP(C)No.19314 of 2007, which is being heard along with SLP(C)No.3119 of 2008, SLP(C)Nos.9550, 10544, 11696 and 10547 of 2009, is directed against 2 the judgment and order dated 27th July, 2007, passed by the National Consumer Disputes Redressal Commission, hereinafter referred to as the "National Commission". By the said order, the National Commission dismissed Revision Petition No.737 of 2005, filed by the appellant herein against the judgment and order dated 10th March, 2005, passed by the State Commission, Delhi. By its order dated 27th July, 2007, the National Commission modified the order of the State Commission and set aside the part of the order directing the Appellant to pay Rs.50,000/- on account of punitive damages and further directed the appellant to pay Rs.10,000/- as cost to the complainant Respondent.

purchase facility. It further appears that as many as 26 cheques issued by the Respondent towards payment of the hire-charges were dishonoured on presentation. By the said legal notice, the 4 Respondent was informed that she had failed to repay the hire charges according to the payment schedule and had defaulted in honouring her commitments towards repayment. She was requested to make payment of the total amount of Rs.1,31,299.44p. within 3 days from the date of receipt of the notice.

6. Thereafter, in keeping with the terms and conditions of the Hire-Purchase Agreement, the Appellant took possession of the financed vehicle and informed the concerned Police Station before and after taking possession thereof from the residence of the Respondent. According to the Appellant, an inventory sheet was also prepared, which was duly countersigned by the husband of the Respondent. It is the Appellant's case that at the time of taking possession of the vehicle, six monthly instalments were overdue. On the same day, the Respondent's husband wrote to the Appellant to extend the time for paying the amount which had been settled at Rs.60,000/- by way of a One-Time Settlement. It is also the Appellant's case that subsequent thereto, the date of the settlement offer was extended as a special case, but despite the same, the Respondent failed to pay the amount even within the extended period. It is on account of such default that the Appellant was constrained 6 to sell the vehicle after having the same valued by approved valuers and inviting bids from interested parties.

7. On 31st May, 2003, the Appellant entered into an Agreement for sale of the vehicle with M/s Chin Chin Motors which was the highest bidder, for a sum of Rs.70,000/-.

8. Appearing for the Appellant Citicorp. Maruti Finance Ltd., Mr. Ashok Desai, learned Senior Advocate, submitted that the sale process followed by the Appellant after taking possession of the vehicle was not in violation of the Regulations issued by the Reserve Bank of India. After the vehicle was sold, the Appellant sent a post-sale letter to the Respondent on 9th June, 2003, informing her that the vehicle had been sold for Rs.70,000/- and that the said amount had been adjusted towards the total outstanding dues amounting to Rs.1,21,920.48p. The Respondent was 7 also asked to pay the balance amount of Rs.51,920.48p. which still remained due after adjustment of the sale price of the vehicle.

9. In June, 2003, the Respondent filed Consumer Complaint No.280 of 2003 before the Consumer Disputes Redressal Forum, Sheikh Sarai, against the Appellant alleging deficiency in service on their part. The Appellant filed its reply to the said complaint before the aforesaid Forum in August, 2003. Thereafter, the Respondent filed an application to amend Consumer Complaint No.283 of 2003. The same was allowed and the amended complaint was taken up for consideration. By its order dated 22nd December, 2003, the District Forum-

11. Aggrieved by the said order of the State Commission, Delhi, the Appellant filed Revision Petition No.737 of 2005 before the National Commission in March, 2005, in which the stand taken before the lower Fora was reiterated. It was also indicated that the Appellants had followed the letter and spirit of the Hire-Purchase Agreement and had re-possessed the vehicle in terms of the default clause in the Agreement. On 27th July, 2007, the National Commission, while dismissing the Revision Petition modified the order of the State Commission by setting aside that part of the 9 judgment directing the Appellant to pay Rs.50,000/-

VII, Sheikh Sarai, directed the Appellant to pay a sum of Rs.1,50,000/-, along with interest at the rate of 9% per annum, from the date of filing of the complaint (16.6.2003) till the date of payment, together with a further sum of Rs.5,000/- towards harassment and cost of litigation.

23. Since the Appellant Bank has already accepted the decision of the District Forum and has paid the amounts as directed, no relief can be granted to the Appellant and the Appeals are disposed of in the light of the observations made hereinabove.

24. The application filed in Special Leave Petition (Civil) No.10547 of 2009 on 26th August, 2011, for bringing on record the legal heirs of the sole respondent Shiv Nath Sareen is no longer relevant on account of the aforesaid decision and the same is, therefore, dismissed. The Appeals are also disposed of in terms of the observations made hereinabove.

25. There shall, however, be no order as to costs.