MR. BIBEKANANDA DAS, MEMBER :-

    Complainant is a defaulter of 22 EMIs has filed the C.C.Case No. 164/2023 U/s-35 of C.P.Act 2019 seeking to admit the case issue notice to Ops to file show cause regarding ply to the vehicle Regd. No. OD-05-AW-2975 (Truck) & not to stop the vehicle on the road. Further directed the Ops  for repay the loan amount rephasement basis.

This Commission vide order dt. 07.11.2023 directed as under:-

            “Heard the advocate for the Complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. The Complainant is maintaining his livelihood by engaging himself and in case the vehicle/asset will be repossessed, he will suffer irreparable loss. Considering the genuine grievances and taking into consideration the circumstances, issue notice to the Opposite parties to file objection if any but in the meantime the Opp.Parties are directed not to repossesses the asset(vehicle) bearing Regd. No. OD-05AW-2975 (Truck) of the Complainant on receipt of 30% pending EMIS only from the Complainant within three weeks (from the date of receipt of this order) and complainant shall pay rest 20% after one month thereafter (Thus 50% to be paid) and Ops are directed not to take any coercive action against the Complainant in respect to the aforesaid vehicle till dt. 15.12.2023.

            The Complainant has not carried out the order dt. 07.11.23 and continuing to be a defaulter.

            Relation between Complainant & Ops is that of Debtor and Creditor and notice U/s-17 under Arbitration & Conciliation Act,1996 has already been issue. We find no deficiency in service on the part of Ops. We therefore held that Complainant is not entitled to get any benefit as he himself has not carried out the order of this Commission and defaulter cannot be termed as consumer when relationship is that of debtor & creditor. We therefore find no merit in the C.C. and C.C.Case No. 164/2023 is hereby dismissed. No order as to cost.

                         Issue extract of the order to the parties concerned.   

           Pronounced in the open Commission, on this the 30^th   day of April,2024.            

                              I, agree,

                                        Sd/-                                                   Sd/-

                                PRESIDENT                                         MEMBER