MR. BIBEKANANDA DAS, MEMBER:-
Complainant has filed the C.C.Case No. 107/2023 U/s.35 of Consumer Protection Act, 2019 seeking not to stop the vehicle Truck TATA bearing Regd. No.OD-04K-5447 and after receiving amount of Rs. 70,000/- , allow NOC in favour of aforesaid vehicle.
Complainant took loan of Rs. 27,58,145/- on dt. 18.10.2019 to repay in 69 monthly EMI @ Rs.65,100/-& 62,100/- (40 & 29 respectfully)commencing from 23.10.2017 to 21.06.2023. Complainant was some default in paying the EMI for which there is over dues amount & pay regular installments and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. We find the consumer complaint and any deficiency on the part of Ops. Besides that Complainant is a defaulter of loan as per agreement as against the loan of Rs. 27,58,145/-. Complainant has already paid Rs. 48,14,547.05 whereas Complainant has to pay Rs. 38,97, 715/- but due to default EMI in time Complainant has already paid about Rs. 10 Lakhs more than the due amount and already deposited Rs. 35,000/- as per order of this Commission.
However taking a lenient view we dispose of the consumer complaint directing the opposite parties to settle the dispute as complainant has already paid substantial amount. We find that Complainant has already paid substantial installments amount. So we directed that the Ops parties shall the consider the grievance and deduct 70% of the overdue/additional interest etc. and settle the claim. If the Complainant is due to pay he shall pay the entire due amount after deducting the 70% of the above amount within a period of 2(two) months and thereafter NOC shall be issued by the Ops. Till the exercise of aforesaid process the Ops shall not take any coercive action against vehicle No. OD-04K-5447 and if NOC will not be issued after clearance of any dues after deducting the 70% (overdue interest/ addl. interest etc.) of the amount then the Ops shall pay Rs. 500/- per day after 30 days of the receipt of this order. The Ops are directed to intimate the amount to be paid within 10 days after receipt of the order from the Complainant. With the aforesaid observation and direction the C.C.Case No.107/23 along with I.A No. 61/23 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
