Case Note & Summary
The case pertains to a Second Appeal filed before the National Consumer Disputes Redressal Commission (NCDRC) against the order dated 17.04.2025 passed by the State Consumer Disputes Redressal Commission, Chhattisgarh in Appeal No. FA/2024/330. The appellant, Manager, Indusind Bank, challenged the State Commission's order. During the hearing, learned counsel for the appellant stated that the matter was being amicably resolved between the parties and he did not wish to pursue the present Second Appeal. However, he pointed out a discrepancy with respect to the amount actually paid by the complainant towards the purchase of the vehicle, which had been directed to be refunded. He sought permission to file a Review Application before the learned District Forum as per law. The NCDRC, considering the submission, dismissed the Second Appeal as withdrawn and granted liberty to the appellant to file a Review Application before the District Forum regarding the discrepancy in the refund amount. The order was passed on 21.08.2025.
Headnote
A) Consumer Law - Second Appeal - Withdrawal - Amicable Resolution - The appellant sought to withdraw the Second Appeal as the matter was being amicably resolved between the parties, but requested liberty to file a Review Application before the District Forum regarding discrepancy in the amount actually paid by the complainant towards purchase of the vehicle - Held that the appeal is dismissed as withdrawn with liberty to file review (Para 1).
Issue of Consideration
Whether the Second Appeal should be allowed to be withdrawn in light of amicable resolution and whether the appellant can seek review before the District Forum regarding discrepancy in refund amount.
Final Decision
The Second Appeal is dismissed as withdrawn. The appellant is at liberty to file a Review Application before the learned District Forum as per law.
Law Points
- Withdrawal of appeal
- amicable resolution
- review application
- consumer dispute
Case Details
2025 LawText (NCDRC) (01) 20
Second Appeal No.513 of 2025
AVM J. Rajendra, AVSM VSM
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Nature of Litigation
Second Appeal under consumer law against order of State Consumer Disputes Redressal Commission, Chhattisgarh.
Remedy Sought
Appellant sought to withdraw the Second Appeal and sought liberty to file a Review Application before the District Forum regarding discrepancy in refund amount.
Filing Reason
Discrepancy in the amount actually paid by the complainant towards purchase of the vehicle, which was directed to be refunded.
Previous Decisions
Order dated 17.04.2025 in Appeal No. FA/2024/330 of the State Consumer Disputes Redressal Commission, Chhattisgarh.
Issues
Whether the Second Appeal should be dismissed as withdrawn.
Whether the appellant should be permitted to file a Review Application before the District Forum regarding the refund amount discrepancy.
Submissions/Arguments
Learned counsel for the appellant stated that the matter is being amicably resolved and he does not wish to pursue the appeal.
Counsel pointed out a discrepancy in the amount actually paid by the complainant towards the vehicle purchase and sought to file a Review Application before the District Forum.
Ratio Decidendi
When a matter is amicably resolved and the appellant does not wish to pursue the appeal, the appeal may be dismissed as withdrawn. However, if there is a discrepancy in the amount directed to be refunded, the appellant may seek review before the appropriate forum.
Judgment Excerpts
Learned Counsel for the Appellant states that the matter is being amicably resolved between the parties and he does not wish to pursue the present Second Appeal.
He, however, requests that there is a discrepancy with respect to the amount actually paid by the Complainant towards the purchase of the vehicle, which has been directed to be refunded.
He, therefore, seeks to file a Review Application before the learned District Forum as per law.
Procedural History
The State Consumer Disputes Redressal Commission, Chhattisgarh passed an order on 17.04.2025 in Appeal No. FA/2024/330. Aggrieved, the appellant filed Second Appeal No.513 of 2025 before the National Consumer Disputes Redressal Commission. During hearing, the appellant sought withdrawal and liberty to file review.
