MR. PRABODHA KUMAR DASH, PRESIDENT:-           

                    This C.C.Case No. 60/2018 taken up today for order. Perused the materials/documents available on record carefully. This Case is pending since 2018 and the I.A. has already been disposed of since the dt.03.04.2019. The Ops irrespective of repeated direction of this Commission could not file written version, the reason best known to them. In every hazira, they have mentioned one month time in several occasions, finally failed to file written version. Therefore the Ops are set ex-parte.

Brief Fact:-

                    That the Complainant availed loan from OP No.1 (Indusind Bank Ltd.), for purchase a Sonalika DI-47 RX (Tractor) vide Regd. No. OD29-D-8139 by availing finance to the  tune of Rs. 5,14,905/- with a condition that, the Complainant shall pay 46 EMI @ Rs.15,250/- each and another @Rs. 15,448/-, which includes principal with interest.  Complainant being a woman availed loan for arranging her livelihood is a consumer within the perview of C.P.Act,2019.

                    As the Op No.2 is a agent of Op No.1 to receive cash and cheque usually paid by the Complainant as EMI. The Complainant already paid Rs. 2,04,453.95  to Op No.1. To our surprise Op No.2 without informing Complainant, forcefully without consent of Complainant, taken away the said vehicle on dt. 26.09.2018 and kept it illegally in his possession and such action is within the knowledge of OP No.1. The illegal, arbitrary action of Ops prejudiced the Complainant and for such illegal act committed by both the Ops are jointly liable. The Op No.1 being a financial institution repossess the vehicle without notice, which is primary constitutional right of Complainant. The Commission found that, the repossession is against the principle of law. To our surprise the vehicle seized on dt. 26/09/2018 without notice for such illegal activities the Complainant approached this Commission, then after the OP No.1 issued notice with a remark (Notice Immediately After Repossession) on dt. 05.10.2018, which is against the principle of natural Justice and rule established by law. For such illegal and arbitrary action this Commission on dt. 03.04.2019 directed to Op No.1 to release the vehicle. This Commission exercise its jurisdiction vested with it taking into consideration of facts and circumstances involved and complainant being a lady victim of illegal arbitrary action of Opp.Parties compensate the Complainant equally for end of justice.

                                                           O R D E R

                      Therefore, it is directed that the Op No.1 shall pay a fine of Rs. 50,000/- for illegal seizure of the vehicle without notice as a compensation to the Complainant within one month from the date of receipt of this order, failing which the Op no.1 shall pay @9% interest till date of its realization. The Complaint is allowed & no order as to cost. Issue extract of the order to the parties for compliance.

                     Pronounced in the open Court, this the 27th day of June,2022.            

                              I, agree.

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                           MEMBER                             PRESIDENT