MR. BIBEKANANDA DAS, MEMBER :-

         Complainant has filed this C.C.Case U/s-35 of C.P.Act, 2019 seeking a direction not to repossess his vehicle (JCB 3DX XTRA) bearing Regd. No. OD-29D-9613 for which he had taken loan on dt. 03.10.2017 and paid the entire EMI in Nov-2023 but Ops have noticed to pay Rs. 1,01,869/- vide notice dt. 18.11.2023 before which Complainant has made complaint before R.B.I and also preyed to issue NOC exempting overdue charges and cheque bounce charges.Cheque bounce charge & overdue charge are charge for nonpayment of dues/EMI in time for which the overdue charges and cheque bounce charge are charged, since there is no pleading that the Complainant has paid EMIs in time and cheque has not been bounced.

          We, therefore held that there is no wrong in issuing notice for overdue charges and cheque bounce charges. We held that the relationship between Complainant & Ops is that of Debtor & Creditor and there is no deficiency in service on the part of Ops. We find no merit in the C.C but direct to deduct @50% of the overdue charges only and not on cheque bounce charge(s).

With the aforesaid observation and direction the C.C.Case No. 1/2024 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 26^th  day of June,2024.            

                              I, agree,

                                        Sd/-                                                    Sd/-

                                PRESIDENT                                         MEMBER