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 return the vehicle bearing Regd. No.OD-18-A-9955 and supply a copy of the loan agreement and to receive he installments leaving other charges and to provide the NOC to the complainant after closer of the loan 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-18-A-9955 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 No.1 & 2 finance which will be repaid in 46 installments @ Rs.35,800/- and Rs.30,360/- for 16 installments. The complainant used to pay the installments much or less in time and due to prolonged illness and death of the father of the complainant, the complainant could not able to pay two installments in time. All of a sudden on 10.7.2018 without any notice/intimation the muscle men of opposite parties forcibly seized the vehicle at Paradeep where vehicle was parked near a workshop for repair, it is a clear case of deficiency of service and monopoly trade practice of opposite parties.

            This Commission vide order dtd.11.7.2018 was pleased to direct to release the asset on payment of one EMI which has so far has not complied by the opposite parties though complainant paid in shape of B.D. on 19.7.2018.  

            Heard the counsel for opposite parties who submitted that the vehicle is in their custody since more than four years and it is because of the interim order they are in a fix. The opposite parties have also not taken any steps for vacation of stay or early disposal of case. The matter is lying since four and half years and the complainant is not paying single pie and the vehicle is in the custody of opposite parties, since the complainant has not come with clean hand and suppressed regarding earlier case and having another vehicle. It is held that a party should come with clean hand and a person having not come with clean hand is not entitled to get any relief. As such the order dt.11.7.2018 is hereby vacated. The opposite parties are free to take any action on vehicle and the complainant. With the aforesaid observation and direction the consumer complaint is dismissed without any cost.