MR. BIBEKANANDA DAS, MEMBER:-
This C.C.Case No. 18/2022 has been filed U/s-35 of C.P.Act, 2019 seeking following relief :-
Honbl’e Commission may direct the Ops to return back the Hero Glamour motorcycle with new condition, issue no objection certificate and to also return back excess amount of Rs. 25,922/- along with bank interest. Further direct the Ops to award compensation of Rs. 50,000/- for mental agony, harassment.
Brief fact of the case is that, Complainant is that he purchased a Hero Glamour Motor Cycle bearing Regd. No. OD-29F-9100 from M/s Gateswar Automobiles, Kendrapara by taking loan from Op No.2 to and the said vehicle was hypoticated to the said Ops. In order to purchase the vehicle he had paid Rs. 20,000/- as down payment and took loan of Rs. 58,520/- on dt. 23.04.2019 to be repaid in 24 installments @Rs. 3625/- during the period from dt. 05.06.2019 to 05.07.2021 and the total agreement value was of Rs. 71,102/-.During the repayment period due to Covid-19 moratorium period for 6 installments i.e, March-2020 to August-2020 was given as such loan expiring period extended to dt.05.07.2021 but the Complainant did not clear the loan during the extended period and till May-2022. The Complainant was defaulted for an amount of Rs. 26,427/- and after mutual settlement Complainant deposited Rs. 20,400/- on dt.04.05.2022 and waive Rs. 6,027/- and vehicle release letter was issued on dt. 10.05.2022 and thereafter repeatedly contacting Complainant to take back his vehicle from the stockyard but to no effect and vehicle is lying in the stockyard.
Both parties are absent on call repeatedly on several occasion. It appears that both of them have lost their interest. The relation between the Complainant & Ops is that of Debtor & Creditor & issue involves is excess payment due to delay in payment for about 1&1/2 yrs including moratorium period. The financer is entitled for moratorium period is well settled for which there is excess amount beyond the amount fixed by both parties. It is also settled law that Consumer Commission shall not enter into accounting process.
Since the case relates to Debtor & creditor and accounting dispute, we find no merit in the C.C.Case but while disposing the C.C.Case ,we direct the Complainant to take his vehicle within 45 days from the stockyard of Ops and Ops shall give maximum concession for stockyard & repossession charge i.e (Nill) and direct the Ops to issue NOC in favour of Complainant with regard to his vehicle No. OD-29F-9100 (Hero Glamour Motorcycle). Send copy of the order to both parties, if their advocates not receive.
With the aforesaid observation and direction that, the C.C.Case No. 18/2022 alongwith IA No. 10/2022 are accordingly disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 1st day of November,2023.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
