MR. BIBEKANANDA DAS, MEMBER:-
Complainant has filed the C.C.Case No. 9/2024 U/s.35 of Consumer Protection Act, 2019 seeking to ply the vehicle/his truck bearing Regd. No.OD-05AP-9129 and settle the loan in OTS and pay compensation of Rs.1,20,000/-.
Complainant took loan of Rs. 30,75,620/- on 30.01.2019 to repay in 60 monthly EMI @ Rs.69,281/- commencing from 07.04.2019 to 07.01.2024 which was subsequently extended to 07.07.204 due to Covid-19. Complainant failed to pay and violated the agreement for which the vehicle was repossessed on complainant has filed the consumer complaint seeking aforesaid relief by the Ops. 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 & earlier Complainant has filed C.C. No. 145/2023 before DCDRC Jagatsinghpur & thus we find no merit in the C.C. & hit by the principles of Res Judicate.
The Counsel for Complainant prays that he wants clear the entire loan & ready to pay 50% defaulted EMIs as on dt. of seizure within 10 days and rest amount to be settled in OTS by the Ops which shall be paid within agreement period i.e 07.07.2024. On payment of 50% the vehicle which is in the custody of Ops shall be released by Ops. We make it clear that this order shall not be treated as precedent and we are not touching the merit. Since the Complainant submits that he is ready to pay the loan , we are only directing on humanitarian point of view.
With the aforesaid observation and direction the C.C.Case No. 9/2024 & I. A. 7/2024 are accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 9th day of April ,2024.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
