The division judge bench of Justice M.R. Shah and Justice M.M. Sundresh of the apex court in the case of Mahindra and Mahindra Financial Services Ltd Vs Nizamuddin modified the order passed by the District Forum confirmed up to the National Commission ordering/awarding the compensation/damages at Rs. 300/ per day and directed that the appellant herein shall pay to the original complainant the compensation/damages towards loss suffered because of not plying of the vehicle at Rs. 5000/ per month from the date of the picking up of the vehicle.
BRIEF FACTS
The factual matrix of the case is that the NCDRC directed the appellant to pay the complainant Rs. 300/ per day towards compensation/loss suffered because of not plying of the vehicle from the date of picking up of the vehicle hypothecated and sold from 19.12.2004 till the date of payment of the actual amount, the original opponent – financial company has preferred the present appeal.
COURT’S OBSERVATION
The hon’ble court held that in absence of any cogent evidence led, the District Forum was not justified in determining and awarding the compensation/damages at Rs. 300/ per day. At the same time, it cannot be disputed that the original complainant was able to pay the monthly instalment and he was also the owner cum driver. It also cannot be disputed that as the hypothecated vehicle was detained/seized and thereafter, sold which was found to be illegal, the complainant shall be entitled to the compensation/loss suffered because of not plying of the vehicle seized and sold illegally.
The order passed by the District Forum confirmed up to the National Commission ordering/awarding the compensation/damages at Rs. 300/ per day from 19.12.2004 till the date of payment of the actual amount is hereby modified and it is directed that the appellant herein shall pay to the original complainant the compensation/damages towards loss suffered because of not plying of the vehicle at Rs. 5000/ per month from the date of the picking up of the vehicle i.e., 19.12.2004 till 31.12.2007.
The appellant is directed to pay the said amount with interest @ 7.5% from December, 2004 till the actual payment within a period of six weeks from today.
CASE NAME- Mahindra and Mahindra Financial Services Ltd Vs Nizamuddin
CITATION- CIVIL APPEAL NO. 8043 OF 2022
CORUM- Justice M.R. Shah and Justice M.M. Sundresh
DATE- 04.11.22
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