MR. BIBEKANANDA DAS, MEMBER :-
Complainant has filed the C.C.Case No. 110/2023 U/s-35 of Consumer Protection Act, 2019 seeking not to repossess Maruti Baleno bearing Regd. No. OD-02BL-7672 and direct Ops not to repossess the vehicle and pay compensation .
Complainant took loan of Rs. 7,56,838/- on 31.07.2020 to repay in 60 monthly EMI @ Rs.15,602/- commencing from 10.08.2020 to 10.07.2025. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. We find no merit in the consumer complaint and any deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement and relation between Complainant and Ops is that of debtor & creditor.
Interim order dt. 25.07.2023 has not been carried out but Complainant enjoyed the interim order for which we direct the complainant to pay 30% as directed on 25.07.2023 within 15 days.
However taking a lenient view we dispose of the consumer complaint directing that the complainant shall pay his regular EMI and in addition to that pay Rs.10,000/- (Ten thousand) in each month towards pending EMI. So that the entire loan can be repaid within the extended moratorium period. For failure to pay regular EMI and additional amount, the Opposite parties are free to take action as per agreement/rule/law. If the Complainant pays the EMI with additional amount as directed above, the Ops shall deduct 50% of overdue interest of the time of clearance of loan. The Complainant shall keep sufficient amount on or before 9th of every month and Ops shall deposit the cheque on 10th of every month as agreed by both parties.
With the aforesaid observation and direction that, the C.C.Case No. 110/2023 is 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 31st day of January,2024.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
