ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite party No.2 to release the motorcycle without charging any additional charges, give agreement copy, statement of account and exempt all the over dues to the complainant and not to auction/sale the vehicle and direct the O.P. No.1,2,3 & 4 to pay jointly or severally Rs.10,000/- towards cost of the proceeding, Rs.50,000/- towards mental agony and Rs.1,00,000/- towards harassment with financial loss ”.
The brief fact of the case is that, the complainant is a youth and engaged in agriculture to derive the sole source of income for his livelihood has purchased a Bajaj Pulsar Motorcycle to sale the agricultural product in local market. The opposite parties No.1 & 2 executed a loan agreement on 23.11.2018 after submission of required documents and financed an amount of Rs.80,300/- which was payable in 37 installments @ Rs.3,373/- which starts from 05.01.2019 to 05.01.2022. Complainant also deposited Rs.21,800/- before opposite party No.4. The complainant started paying regular installments as per loan agreement till 28.10.2021 i.e. 28 installments and 06 numbers of is due till 28.10.2021. Non paying installments are not intentional or willful latches on the part of the complainant due Covid-19 pandemic situation. On 30.10.2021 the opposite party No.2 forcibly had taken away the said vehicle by using the second key of the vehicle.
The opposite parties No.1 & 2 filed their written version stating as under;
As per request of complainant opposite parties No.1 & 2 executed a loan agreement to extend financial facility to the tune of Rs.1,01,190/- (which includes financial charges of Rs.20,890/-). The loan tenure was 30 months with an EMI of Rs.23,373/- starting from 05.01.2019 and loan expired on 05.01.2022. The statement of account is clear evident that as on 01.11.2021 the said loan account was EMI dues of Rs.19,963/- and Rs.18,051/- towards other overdue charges along with Rs.8,301/- towards future installment. As the complainant failed and neglected to close the loan account as per loan recall notice on 09.11.2020 the opposite parties No.1 & 2 took back the peaceful possession of the vehicle in the month of October, 2020. After taking peace full possession of the vehicle and in due compliance of law, the opposite parties effected a pre-sale intimation notice on 01.11.2021 and informed the complainant to remit outstanding dues of Rs.46,315/- and in turn to take back the custody of the vehicle but even after receipt of presale notice the complainant has not taken any steps to approach the opposite parties for remittance of outstanding dues to take back of the custody on closure of the said loan nor raised any objection for sale. On the presale notice on 02.4.2021 and as per the consented right vested through the agreed terms and conditions of the loan agreement in order to recover the loan dues, the vehicle was sold in as is where is condition in the month of November, 2021 to an intending purchaser for Rs.25,000/- and on adjusting the sale proceed to the said loan account there exist deficit (loss on sale) of Rs.21,315/- to the said loan account which is due and payable by the complainant on which a demand notice on 08.12.2021.
Complainant is absent on call on many occasions and it appears he has no interest in pursuing the case. We have gone through the records and found that vehicle in question has already been sold to 3rd party for an amount of Rs.25,000/- and still Rs.21,315/- is due to be paid by complainant to opposite party. We found from the records that complainant was default of Rs.19,963/- and other dues was Rs.18,051/- and future EMI was Rs.8,301/-.
No doubt complainant was in default of Rs.19,963/- and the cost of vehicle is about 01 lakh and now the question is whether the opposite parties would have sold their own vehicle in such throw away price. The complainant has not disputed the facts stated by opposite parties with regard to the notices issued to complainant prior to auction. The remaining due are mostly the other overdue charges which amounts to Rs.18,051/- out of Rs.21,315/-. In order to settle the dispute and taking into consideration the situation of complainant and more particularly selling the vehicle in a throw away price/cheap rate, we direct that the opposite parties shall not claim any amount from the complainant as they have sold the vehicle in less price. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 07th July,2023.
