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. 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. Therefore, in absence of any cogent evidence led, the District Forum was not justified in determining and awarding the compensation/damages at Rs. 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. 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.
Case Title: MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD. Vs. NIZAMUDDIN (2022 INSC 1169)
Case Number: C.A. No.-008043-008043 / 2022
