Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8043 OF 2022
Mahindra and Mahindra Financial Services Ltd. …Appellant(s)
Versus
Nizamuddin …Respondent(s)
J U D G M E N T
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 23.03.2022 passed by the
National Consumer Disputes Redressal Commission
(hereinafter referred to as the National Commission) at New
Delhi in Revision Petition No. 222 of 2022, by which, the
National Commission has dismissed the said revision
petition preferred by the appellant and ultimately has not
interfered with the order passed by the District Forum
Signature Not Verified
Digitally signed by
NIRMALA NEGI
Date: 2022.11.04
16:23:57 IST
Reason:
confirmed by the State Commission ordering return/refund
of Rs. 3,45,000/ being insurance amount of the vehicle
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sold which was hypothecated after deducting 10%
depreciation and directing that 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.
2. Vide order dated 14.07.2022 a limited notice has been
issued by this Court on the amount of
compensation/damages awarded by the District Forum at
Rs. 300/ per day. Therefore, the short question which is
posed for consideration of this Court is whether the District
Forum was justified in awarding the
compensation/damages at Rs. 300/ per day?
3. Having heard learned counsel appearing on behalf of the
respective parties and having gone through the order
passed by the District Forum confirmed up to the National
Commission it appears that no cogent reason has been
given by the District Forum determining/awarding the
compensation/damages at Rs. 300/ per day. While
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awarding the compensation/damages at Rs. 300/ per day,
it is observed by the District Forum as under:
“As far as the question of granting compensation to the
complainant is concerned the said vehicle of the
complainant was insured from the Oriental Insurance
Company for a sum of Rs. 3,45,000/. Therefore, upon
deducting the depreciation amount from this amount
he is entitled to get the value of his vehicle. Apart from
this the complainant has submitted that from the said
vehicle he was earning Rs. 500/ per month (sic).
Therefore, the compensation be granted to the
complainant at the rate of Rs. 500/ per day from the
date of its picking up i.e. 19.12.04. In our opinion his
income from the said jeep can be assumed as Rs.
300/ and it is justifiable to grant him the said
amount from the opposite party. Accordingly the
complaint deserves to be allowed.”
Nothing is on record that any evidence was led on the
loss suffered because of not plying the vehicle
hypothecated and sold. Therefore, 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
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compensation/loss suffered because of not plying of the
vehicle seized and sold illegally.
4. Instead of remanding the matter to the District Forum for
determining the loss/damages we deem it proper to award
reasonable loss/damages. It is reported that a sum of Rs.
3,45,000/ has been deposited by the appellant which has
been withdrawn by the complainant in the year 2017. The
complainant cannot be paid the loss/damages per day till
the date of actual payment because of the prolonged
litigation. If the same is accepted in that case the
damages/compensation shall be much more than the
value of the vehicle.
5. In view of the above and for the reasons stated above the
present appeal is allowed in part. 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/
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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. The present appeal is allowed to the
aforesaid extent. In the facts and circumstances of the
case there shall be no order as to costs.
………………………………….J.
[M.R. SHAH]
NEW DELHI; ………………………………….J.
NOVEMBER 04, 2022 [M.M. SUNDRESH]
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