Pursuant to the notice issued through Special Messenger, Mr. Braja Mohan Saraangi, Advocate has entered appearance and has filed Vakalatnama on behalf of opposite party (complainant). Let the same be kept on record.
On consent of parties and looking into the limited nature of the prayer, the matter is taken up for final disposal.
Heard both the parties.
It is submitted by the Revision Petitioner that the total amount of outstanding is Rs.1,35,991/- (excluding overdue and penal charges) at the time of the repossession of vehicle bearing Regd. No. OD-21-J-2128 on 09.06.2023.
Learned counsel for the Revision Petitioner is aggrieved by the ex-parte order of the learned District Commission, Jagatsinghpur in directing to release the vehicle bearing Regd. No. OD-21-J-2128 of the complainant on receipt of 30% of unpaid EMIs immediately and another 20% of the outstanding amount to be paid after one month from the date of release of the vehicle.
Heard learned counsel for both the parties.
We have gone through the record.
Taking a holistic view of the matter, in our considered opinion since the complainant has already paid Rs.32,000/- to Kotak Mahindra Bank Ltd. (a Xerox copy of the D.D. has been filed to that effect), in the interest of justice, we direct upon the complainant depositing Rs.40,000/- (Rupees Forty Thousand) within seven days of receipt of certified copy of this order with Kotak Mahindra Bank Ltd. in the loan account of the Vehicle bearing Regd. No. OD-21-J-2128, the vehicle shall be released forthwith. The opposite party-borrower (complainant) shall go on paying the EMIs regularly. Non-fulfilling of any condition stipulated as above, the financier (petitioner) is at liberty to take action in accordance with law.
Revision Petition is disposed of accordingly.