MR. BIBEKANANDA DAS, MEMBER:-                      

                    The present application U/S-35 of C.P.Act filed by the Complainant. The present C.C.Case filed on dt. 23.09.2020 notice was served on Ops on dt. 01.10.2020 which was sufficient. The Ld. Counsel for Ops filed Vakatnama on dt. 22.02.2021 & filed time petition on various occasions but could not filed written version within last 3 years. The mandate under C.P.Act to dispose the C.C.Case within 90 days, therefore this Commission cannot wait to the sweet will of Ops. Though the Ld. Counsel filed Vakaltnama but without written version the matter taken up hearing ex-parte and resultantly the Ops are set ex-parte.

Brief facts:-

                      Shantilata Nayak, the Complainant purchased a Bolero pick up vide Regd. No. OD 29 E 6611 availing finances from Ops for maintaining her family and livelihood. Ops financed Rs. 5,99,000/- and future interest Rs. 2,12,843/- in toto Rs. 8,11,843/- payable at Rs. 14,088/- first installment and others 58 installments Rs. 14,300/- each. The Complainant already paid 28 installments amount Rs. 3,28,688/- of loan amount. At a sudden without prior notice the Ops repossessed the vehicle, when the Ops on assurance asked the Complainant to deposit on a condition to release the vehicle. Accordingly the Complainant deposited another installment on dt. 21.11.2019 but the Ops did not release the said vehicle. Further it is stated by the Complainant he has given down payment Rs. 66,911/-, Insurance Rs. 26,000/- & Rs. 5645/- for GBA premium and other charges. This Commission sufficiently noticed the Ops. Therefore Ld. Counsel for Ops Mr. Mahendra Behera, En. No. O-1215-2004 appeared on dt. 22.02.2021 and filed time petition on various occasions but did not file written version. From these it is shown that the Ops are not inclined to participate the proceeding before this Commission and arbitrarily, illegally without following the due procedure of law auctioned the disputed vehicle without knowledge and notice to the Complainant. Being aggrieved by such illegality committed by the Ops prayed for various reliefs.

                        We have gone through the complaint petition, loan agreement filed by the Complainant where we found the Complainant already paid 28 installments with down payment Rs. 66,911/- and also Rs. 26,000/- for insurance, Rs. 5645/-, Rs. 1553/-, Rs. 4038/-, Rs, 726/- for various charges. We found the complainant-lady already paid 50% of the vehicle’s value. In such a situation the Ops repossess the vehicle without notice, without following due procedure of law, such action prejudiced the Complainant and unless this Commission adjudicate the issues as per law in the interest of justice the Complainant cause irreparable loss which can’t the compensated in anyway. Non filing of written version after filing of Vakaltnama show the intention of Ops which leads to lawlessness in a civilized  society for which this Commission impose a fine of Rs. 50,000/- on the Ops for non following due procedure of law.

                       It is informed by the Complainant during hearing that the Ops during pendency of C.C.Case No. 27/20 and after sufficient notice by this Commission the Ops auctioned the said vehicle without following due procedure of law. We have gone through the loan agreement and found that the vehicle was auctioned during pendency of the dispute before this Commission. Further the Ops are finance Company and coming under service as per Sec-2(42) of C.P.Act, 2019. Deficiency in any manner under the financial service well described U/s-2(11) of C.P.Act, 2019. Further as per Sec-100 of C.P.Act, 2019 this Commission’s Jurisdiction not exclusively barred by any other law but in addition to such laws. Therefore, arbitration proceeding is not a bar to this Commission’s Jurisdiction.

                      The Ops accepted another installment for release of the vehicle on dt. 21.11.2019 from Complainant from ECS Banking system, but did not release the vehicle. The same prejudiced the Complainant a lot, without the vehicle the Complainant is unable to maintain her livelihood for which Rs. 50,000/- for compensation in toto Rs. 1,00,000/- shall be paid to the Complainant by the Ops is just and equitable for interest of justice. 

                                                   O R D E R

                      It is directed that the Ops shall release the vehicle on receiving Rs. 50,000/- from the Complainant within a period of one month from the date of receipt of this order. Further the Ops are directed to pay/adjust Rs. 1,00,000/- towards fine and compensation awarded to the Complainant, failing which the Complainant is at liberty to file execution proceeding before this Commission as per C.P.Act, 2019. All the above exercises shall be complied within a period of one month. This C.C.Case No. 27/2020 alongwith I.A No. 10/2020 are accordingly disposed off.

                   Issue extract of the order to the parties for compliance.

          Pronounced in the open Commission, on this the 6th day of February,2023.                           

                                           I, agree.

                                             Sd/-                                       Sd/-

                                        PRESIDENT                         MEMBER