MR. PRAVAT KUMAR PADHI, PRESIDENT :-
Complainant is the father of loanee Sajit Malik has filed the C.C.U/S 35 /2023 seeking a direction not to demand excess interest and seize the Vehicle No–OD-29-H-7829.
Brief fact of the case of Complainant is that the son of Complainant purchased one Auto bearing Regd, No. OD-29-H-7829. by virtue of Agreement No.ORCUKNSV00531 dtd.27.01.2021.The loan was of Rs.2,40,620/- to be repaid in 53 monthly EMI with interest of Rs.1,45,094/- totaling Rs.3,85,714/- @ Rs.7278/- w.e.f. 07.03.230221 to 07.08,.2025. Unfortunately the Loanee i.e. the son for the complainant expired on 16.08.2022.Since the Lonaee expired and complainant defaulted in paying the EMI, The Opps issued notice to the son i.e. the dead person to pay Rs.32704 vide letter dtd.02.12.2024.The Complainant being aggrieved by the said order has approached this Commission in the name of his dead son but the complainant filed a Petition on 11.07.2023 to delete the name of his son Sajit Malik which was allowed on 10.04.2023 and Complainant was allowed to prosecute the C.C. by filing consolidated petition but so far the same has not been filed and both parties are either absent or taken time .C.P.Act 2019 stipulates to adjudicate the matter within 90 days and one and half year is about to pass. Since the amendment in very minor without insisting on filing consolidated petition. we proceed to adjudicate the C.C. on merit.
Perused the record and found that the Lonee was paying his EMI regularly but due to untimely death the family is in difficult stipulation and the only valuable assest of the family is about to be repossessed but by virtue of our interim order dtd.22.02.20-23 the complainant is protected. When a loan is sanctioned for the safety and security of loan and vehicle insurance of loan is a must but because of the negligence and inhuman attitude of Ops the family is in trouble who have not insured the loan have .In case the loan would have secured by insurance then family of deceased would not had to suffer so also the Ops.
We are therefore of the opinion that Ops are negligent for not insuring the loan and thereby the lonee and his family including complainant are suffering.
We therefore direct the Ops either to take back the vehicle and not charge any loan amount from the complainant / any other family member of deceased loanee or settle the loan by deducting overdue interest( ODI) and which shall be paid by complainant within 15 days and issue NOC and the choice lies with the complaint/family members of deceased Loanee.The Ops shall issue notice to complainant within 15 days and await for his reply for 15 days and thereafter take decision within 15 days. Then entire process shall be completed within 45 days from the date of receipt of this order. Send copies of order to both parties.
With the aforesaid observation the C.C.Case No.36/23 is accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 31st day of July,2024
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
