MR. PRAVAT KUMAR PADHI, PRESIDENT:-

          Complainant has filed the C.C.Case No. 108/2023 U/s-35 of C.P.Act, 2019. Matter relates to release of Vehicle bearing Regd. No. OR-14X-0784 by Ops.

            This Hon’ble Commission passed an order in I.A Case No. 62/2023 on dt. 25.07.2023 directed as under-

            “Heard the advocate for the Complainant ex-parte. It is submitted that Complainant is maintaining his livelihood by engaging himself in the vehicle and due to seizure of vehicle he has been disengaged. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the Opp.Parties No.1, who are directed to release the asset (Vehicle) bearing Regd. No.OR-14X-0784 of the Complainant immediately on receipt of 30% of unpaid EMIs till pending as on the date of repossession and complainant shall pay rest 20% after one month from the date of release the vehicle and Ops are directed not to take any coercive action against the Complainant in respect to the aforesaid vehicle till dt. 29.08.2023. The Op No.2 is directed not to change the ownership the vehicle in favour of any other person without leave of this Commission”.

            Ld. Counsel for Ops filed release order dt. 27.10.2023 to which Complainant has no objection. In view of such situation there remains nothing for adjudication. The Complainant shall pay the EMI regularly and pay the entire dues as per the terms and condition of agreement and the Ops shall also follow the terms and condition of agreement before repossession of vehicle bearing Regd. No. OR-14X-0784, if both cause of action arises.

            But inspite of our order dt. 25.07.2023 the vehicle remained in custody of Ops for more than 3 months and Complainant was deprived of earning for more than 3 months, for which the Ops shall extend the loan repayment of 3 month without any interest as the delay in release of vehicle inspite o f our  order dt. 25.7.23 and we also award cost of Rs. 10,000/- for mental agony and harassment.

               With the observation and direction the C.C.Case No. 108/2023 alongwith I.A. No. 62/2023 are accordingly disposed off. No order as to cost.

                              Issue extract of the order to the parties for compliance.   

          Pronounced in the open Commission, on this the 31^st   day of January,2024.

                            I, agree.

                              Sd/-                                             Sd/-

                         MEMBER                                     PRESIDENT