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

                                                                                       JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to not to repossess the vehicle bearing Regd. No.OD-05-Z-4155 and supply a copy of the loan agreement and current amount statement and to adjust the unutilized D.P. amount with the installments and to receive the installment for the loan within adjusting the same in any other charges and to exonerate the complainant from any other unnecessary charges and to pay compensation of Rs.1,00,000/-”.

            The brief fact of the case is that, the complainant being an educated and unemployed person had purchase a tipper bearing Regd. No.OD-05-Z-4155 to earn for his liveyhood and to maintain his family out of the income by plying the said vehicle and the opposite parties managed to convince the complainant to avail a loan. As per agreement opposite parties finance Rs.25,50,000/- which will be repaid in 57 installments @ Rs.58,940/-.  The complainant used to pay the installments much or less in time and due to illness and death of the father of the complainant the vehicle stand idle for two months and thereafter due to mechanical trouble most part of the income were spend in the repair of the vehicle recently and the complainant could not able to pay two installments in time. All of a sudden on 19.6.2018 without any notice/intimation the muscle men of opposite parties reached at Paradeep where vehicle was parked tried to repossess the vehicle by use of force and due to mechanical problem it could not be started and now threatening the complainant through their agents to repossess the vehicle at any time with help of break down service without any settlement in spite of several request, it is a clear case of deficiency of service and monopoly trade practice of opposite parties.

            Opposite parties have filed objection stating as under;

            The opposite parties finance an amount of Rs.25,50,000/- to the complainant by way of a duly executed a hypothecation agreement to that effect vide loan agreement on 21.3.2017, enshrining the terms and conditions duly consented and acquiesced to thereof. As per agreement the complainant has to pay interest for an amount of Rs.8,09,625/- and the opposite parties also made insurance for the complainant and paid an amount of Rs.67,824/- accordingly the complainant has to pay the total agreement value of Rs.33,59,625/-. The said finance amount was to be repaid by the complainant herein in 60 monthly installments @ Rs.58,940/- and accordingly the repayment schedule and agreement copy issued to the complainant. After obtaining the vehicle the complainant has used the vehicle for his business commercial purpose but not bothered to pay EMI on regular basis. As per statement of account as on 09.7.2018 the complainant is liable to pay Rs.1,65,756.09 paisa towards over due and Rs.24,75,480/- towards future dues and in total a slum of Rs.26,41,236.09 paisa. The complainant made a breach of contract by not adhering to the terms and conditions as agreed upon said loan agreement as agreed and made delay by not repaying the installments on the due dates in each month. The complainant issued the cheques are bounced due to insufficient of funds in his account. So the complainant is a regular defaulter.

            In view of the fact that the vehicle was commercial one and complainant has taken loan and not repaid in time cannot and should not be protected under Consumer Protection Act to delay the payment as such complainant has fail to make out a case. Accordingly the consumer complaint is dismissed. No cost.