MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking release of Truck (Bharat Benz) bearing Regd. No.OD-05BA-7403 and to produce the statement of Accounts to repay the loan amount on rephasement basis.
Complainant took loan of Rs. 3,705,362/- on 23.04.2021 to repay in 60 monthly EMI @ Rs.83,551/-commencing from 21.06.2021 to 21.03.2026. Complainant failed to pay and violated the agreement for which Ops seized the vehicle. Complainant has filed the consumer complaint seeking release of aforesaid vehicle. Ops have objected the prayer on the ground that Complainant is a defaulter of Rs. 4,78,171/- and future due of Rs. 25,89,430/- and also the repossession charge and stockyard charge calculated as on dt. 28.08.2023. The Ops have further objected that the Complainant has already executed agreement for sale of the vehicle to a 3rd party namely Bibudhar Mohanty and thereby committed criminal breach of trust. We find no deficiency in service on the part of Ops. Complainant agreed to pay Rs. 1 Lakh within 7 days and undertake to pay Rs. 1 Lakh in each month towards EMI & pending EMI till arrear EMI is paid.
Therefore taking a lenient view we dispose of the consumer complaint directing the opposite parties to release the vehicle on receipt of Rs.1 Lakh. The complainant shall pay his regular EMI (Rs. 83,551/- + 16,449/-= Rs. 1 Lakh) in each month towards pending EMI till pending dues are cleared and thereafter shall pay EMI of Rs. 83551/-. For failure to pay regular EMI and additional amount, the opposite parties are free to take action as per agreement/rule/law. The Op No.2 is directed not to change the ownership against any one without permission of Op No.1 and Complainant shall cancel the agreement for sale with Bibhusundar Mohanty and cannot transfer or pledge the vehicle to anyone. With the aforesaid observation and direction the consumer complaint case No.114/23 along with I.A No. 66/23 are disposed of. No cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 3rd day of October,2023
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
