MR. BIBEKANANDA DAS, MEMBER :-
Complainant has filed the C.C. Case No. 157/2023 U/s-35 of Consumer Protection Act, 2019 seeking not to repossess Motor Car bearing Regd. No.OD-02-BT-1799 and allow to ply vehicle on road.
Complainant took loan of Rs. 5,50,000/- in June/July-2021 to repay in 60 monthly EMI @ Rs.15840/- commencing from July-2021 to June-2026. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. Complainant is a defaulter and default of 12 EMIs amounting Rs. 1,55,840/- and late fine Rs. 3717/- for which we find no merit in the consumer complaint and any deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement.
However taking a linnet view we dispose of the consumer complaint directing the opposite parties not to repossess the vehicle (Motor Car) bearing Regd. No.OD-02-BT-1799 provided the complainant shall pay his regular EMI and in addition to that pay Rs.20,000/- (twenty thousand) in each month towards pending EMI. For failure to pay regular EMI and additional amount, the opposite parties are free to take action as per rule/law/agreement.
With the aforesaid observation and direction the C.C.Case No. 157/2023 alongwith I.A. No. 100/2023 are accordingly 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 3rd day of April,2024.
I, agree
Sd/- Sd/-
PRESIDENT MEMBER
