MR. BIBEKANANDA DAS, MEMBER:-
Complainant has filed the C.C.Case No. 103/2023 U/s.35 of Consumer Protection Act, 2019 seeking not to stop the vehicle TATA LPT 3518 BS VI COWL bearing Regd. No.OD-09-U-3001 and to supply loan account statement and other documents and other documents to pay the loan on rephasement basis.
Complainant took loan of Rs. 32,82,653/- to repay in 46 monthly EMI @ Rs.90,150/-commencing from 20.04.2020 to 20.01.2025. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. There is not a single scrap of paper from complainant asking opposite parties to supply the aforesaid documents and to rephases the loan for which 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 the relation between Complainant & Ops is that of Debtor and creditor and there is huge outstanding dues as against Complainant of Rs. 4,96,052/- as on dt. 20.11.2023 as stated/submitted by the Counsel for Ops.
However taking a lenient view we dispose of the consumer complaint directing the opposite parties to supply the account statement copy and any other document as required by complainant available with opposite parties and may charge the fees to that effect. The complainant shall pay his regular EMI and in addition to that pay Rs. 20,000/- (twenty thousand) in each month towards pending EMI and additional amount. If the Ops fails to pay the amount as directed above, the opposite parties are free to take action as per agreement/ rule/law. If the loan is not cleared within the agreement period, then the same shall be cleared within 45 days thereafter and the Ops shall consider regarding deduction of same ODI, if the Complainant pays the amount regularly as directed above. If the Complainant prays for rephasement of the loan the same may be considered sympathetically within a period of 3 months from the date of receipt of application. With the aforesaid observation and direction the C.C.Case No.103/23 along with I.A No. 57/23 are disposed of. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 21st day of November,2023.
I, agree
Sd/- Sd/-
PRESIDENT MEMBER
