ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                        JUDGMENT

            Complainant has filed this consumer complaint U/s.38 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties not to seized the vehicle bearing Regd. No.OD-21-H-0358 receive the EMIs of Rs.25,227/- towards 24 installments and pay Rs.80,000/- towards litigation expenses, mental harassment and physical harassment”.

            The brief fact of the case is that, the complainant purchased a Honda Activa 5G, 110 C, DLX bearing Regd. No.OD-21-H-0358 availing loan from opposite parties and pay the EMI in regular manner. Due to Covid-19 pandemic situation, the complainant unable to pay the EMI since April, 2020 to onwards and complainant undertake to clear all the EMIs in phase/installment manner. On 20.12.2020 the opposite party No.3 orally demanded of Rs.25,227/- towards nine EMIs (from April, 20202 to December, 2020) and threatened to repossess the vehicle.

            The opposite parties filed their written version through advocate stating as under;

            The complainant intended to purchase a vehicle Honda Activa 5G, 110 C DLX to use the vehicle for the enhancement of his business. He had in due course approached to opposite parties for availing the requisite finance for the purchase of the said vehicle and after proper consideration thereof opposite parties agreed to finance an amount of Rs.52,000/- on 05.6.2018 enshrining the terms and conditions duly consented and acquiesced thereof. As per agreement the complainant has to pay interest for an amount of Rs.17,900/- accordingly the complainant has to pay the total agreement value of Rs.69,900/-. The said finance amount was to be repaid by the complainant herein in 30 monthly installments @ Rs.2,300/- from 05.6.2018 to 07.11.2020. The complainant is a chronic defaulter as on 16.01.2021, Rs.35,000/- is pending overdue apart from default interest charges against him.

            Undisputed fact of the case is that complainant is a defaulter and opposite parties have already appointed arbitrator after filing of consumer complaint. In case the arbitrator would have been appointed prior to filing of the case we would not have interfered in the decision, but the arbitration proceeding has started after filing of the consumer complaint.

            Since the complainant is willing to pay, the opposite parties are directed to receive the amount and not to charge more than 50% of the OD charges and the complainant shall pay the entire dues within 45 days from the date of passing of the order and opposite parties shall issue NOC within 30 days after receipt of entire dues.  With the aforesaid observation and direction the consumer complaint is disposed of. No cost.