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 parties to release the vehicle within a date line fixed, not to transfer the vehicle by way of sale or lease or in any form to anybody without prior approval of this Hon’ble Commission and pay Rs.50,000/- towards mental agony and Rs.50,000/- towards financial loss including cost of litigation”.
The brief fact of the case is that, the opposite parties finance Rs.26,60,000/- towards a truck and thereby the complainant obtained a vehicle bearing Regd. No.OD-04M-8602 vide loan agreement No.83558399 dt.01.01.2019 fixing EMI @ Rs.61,850/- beginning from 05.02.2019 to 05.11.2023. Due to financial hardship and poor market condition, down season, climatic disorder like rain and flood, the vehicle remained off road and in compelling situation, the complainant is default of paying 6 EMIs and requested the opposite parties that he shall pay the defaulted amount by second week of Sept.2022 and also prayed for restructure the loan amount and reducing the EMI to Rs.50,000/- but the opposite parties did not care to the request and on 25.8.2022 the recovery agents of the opposite parties repossessed the vehicle by using force and have issued letter to the complainant to dispose of the said vehicle if the complainant does not pay Rs.19,66,000/- .
Notice issued to opposite parties by Regd. Post on 14.9.2022. Opposite parties have filed R.P. No.58/2022 before Hon’ble State Commission, wherein Hon’ble State Commission has been pleased to direct as under;
“Considered the submission, perused the impugned order. When the notice has already been issued by the Learned District Forum, it is the duty of the O.P to appear and file objection, but without hearing OP latter was directed to release vehicle. There is nothing to file objection, because this impugned order of the District Forum is in-correct. So, we here by direct the O.P. to file objection before the District Forum who is to hear both parties on interim petition again and disposed of same within 45 days from the date of this order.
Till the disposal of the interim petition, the impugned order is stayed. Learned counsel for the petitioner directed to appear on 14.10.2022 before the District Commission and place the copy of the order.”
In spite of the direction of Hon’ble State Commission, the opposite parties have not filed any objection and simply vanished after submitting the order of Hon’ble State Commission as such we are in dark about the case of opposite parties.
Heard Mr. D.N. Acharya learned counsel for complainant who submitted that the vehicle is in the custody of opposite parties since 25.8.2022 and complainant is not able to maintain his livelihood for which he press for immediate release of the vehicle. The agreement period is up to 05.11.2023 as such hardly 10 months is left to repay the loan. Considering the submission of complainant, absent of opposite parties and plight of complainant we dispose of this consumer complaint with following observation and direction.
The complainant shall pay 50% of pending EMIs as on the date of seizure and rest pending EMIs to be paid within 6 months along with regular EMI and the EMI for the period from the date of seizure till release of the vehicle shall be paid before expiry of the agreement period. The opposite parties shall not claim any overdue charges for the period of seizure from the complainant. With the aforesaid observation and direction consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 05th Jan.,2023.
