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 in favour of the complainant repossessed on 12.8.2022, not to transfer the vehicle by way of sale or lease or in any form of anybody without prior approval of this Hon’ble Commission and compensate jointly and severally rs.50,000/- towards mental agony and Rs.50,000/- towards financial loss including cost of litigation”.
The brief fact of the complainant is that, the complainant wanted to have a pre-owned Truck on refinance and thereby requested the opposite parties for finance and after verifying the feasibility, the opposite parties refinanced Rs.6,40,000/- in the year 2019 fixing EMI at the rate of Rs.24,240/- the term of the loan is up to the end of 2023. On 11.8.2022 in spite of all financial hardship and down season of the vehicle, the complainant has paid Rs.12,000/- to the opposite parties and till 12.8.2022 the complainant was in default of paying three EMIs. Although the complainant requested the opposite parties due to local flood problem and off season, he could not pay the EMIs, but without taking care of the request of the complainant the opposite parties on 12.8.2022 repossessed the vehicle from the custody of the complainant when the vehicle was loaded with coal and was proceeding towards Meramundali from Paradeep. Till date the complainant is in default of paying Rs.14,018/-. But the opposite parties are now in a mood to dispose of the vehicle by way of sale to others to have willful gain and thereby issued a notice on dt.19.8.2022 that unless the complainant pays Rs.5,81,000/-.
This Commission vide order dtd.12.9.2022 directed as under;
“Heard the advocate for the complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed to release the asset (vehicle) bearing Regd. No.OR-09N-8602 of the complainant immediately on receipt Rs.14,000/- from the complainant and not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.30.9.2022.”
Again on 30.9.2022 this Commission is directed as under;
“Heard the advocate for the complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed to release the asset (vehicle) bearing Regd. No.OR-09N-8602 of the complainant immediately on receipt Rs.14,000/- from the complainant and not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.30.9.2022.
As per order of this Commission complainant deposited Rs.14,018/- on 14.9.2022. In spite receipt of the amount opposite parties have not released the asset/vehicle bearing Regd. No.OR-09N-8602 (12 wheeler truck). The opposite parties are directed to release the vehicle immediately as they have received the amount on 14.9.2022 as directed by this Commission, failing which opposite party No.1 & 2 shall remain physically present before this Commission on 14.10.2022. With the aforesaid observation and direction misc case is disposed of.”
The matter was listed on 14.10.2022, 17.11.2022 and today i.e. 09.12.2022 but till today opposite parties have not entered their appearance for which we are in dark regarding the case of opposite parties. As per our direction dt.12.9.2022 complainant has deposited Rs.14,018/- on 14.9.2022 but so far the vehicle has not been released. It is submitted by the counsel for complainant that the agreement is valid. As per notice dt.19.8.2022 the total outstanding amount is Rs.5,81,772/- is outstanding. The complainant submitted that the cost of vehicle is more than 10 lakhs and he is ready to pay the amount within the loan period but in the meantime since the vehicle has been repossessed since 12.8.2022, he is not able to earn anything. In spite of our direction the vehicle has not been released and opposite parties have not appeared and vehicle is lying idle and deteriorated in sun and rain.
Keeping in view the situation, plight of the complainant, we direct the opposite parties to release the vehicle immediately, if it has not been auctioned and if the opposite parties shall fail to release the vehicle within 15 days from the date of receipt of order, the opposite parties shall pay Rs.2,000/- per day to the complainant after 15 days of the receipt of the order.
Copy of the order to be sent to opposite parties by RP with AD at the cost of the complainant.
With the aforesaid observation and direction the consumer complaint is disposed of.
Pronounced in the open Commission on this 14th Dec.,2022.
