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Case nº Revision Petition No. 3221 of 2013 of National Consumer Disputes Redressal Commission, Thursday October 10, 2013 (case Bank of Baroda Vs Ratan Singh Paviva and Ors.)

Judgment Cited in Precedent Map Related
PresidentJ.M. Malik, J. (Presiding Member) and Dr. S.M. Kantikar, Member
Resolution DateThursday October 10, 2013
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

Dr. S.M. Kantikar, Member

  1. The present Revision Petition is filed by the Petitioner Bank of Baroda under Section 21(b) of Consumer Protection Act, 1986 against the order of the State Consumer Disputes Redressal Commission, (in short, 'State Commission') Bhopal, Madhya Pradesh. The State Commission dismissed the Appeal filed by the Bank of Baroda in Appeal No. 919 of 2010 setting aside the order of the District Consumer Disputes Redressal Forum, (in short, 'District Forum') in Consumer Complaint No. 700 of 2009. The District Forum passed an order on 26.2.2010, and, allowed the complaint.

    Facts of the case in brief: The Complainant, an Agriculturist, bought a tractor P.T. Escort 439 from M/s. Rajiv Tractors, Dabra, Gwalior (OP-1), after availing loan from Bank of Baroda (OP-3). The OP-2 Mr. S.M. Khan, Branch Manager of OP-3 Bank, issued a loan sanction and asked the complainant to get the tractor from OP-1. On the basis of letter from OP-2, the proprietor Mr. Rajiv Sharma (OP-1), issued a cash memo dated 4.3.2008, detailing the engine No. E-3042699 and Chassis No. B-3039770. He endorsed a hypothecation agreement in favor of OP-3 Bank, and mentioned about receipt of amount of Rs. 4, 56,941 i.e., price of the tractor and Rs. 1,00,000, towards insurance of the tractor. The Complainant also paid the amount for registration to OP-1, and he was asked to obtain the documents from the Bank. But, OP-2, Mr. S.M. Khan, did not give documents of tractor to the complainant. On 7.3.2008 when the tractor met with an accident, it was seized by the officials of...

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