MR. BIBEKANANDA DAS, MEMBER:-
Complainant has filed the C.C.Case No. 96/2023 U/s-35 of Consumer Protection Act, 2019 seeking to release his container bearing Regd. No.OD-02AS-0672 and to supply loan account statement and allow him to repay the loan amount on rephasement.
Complainant took loan of Rs. 21,50,000/- on 22.01.2028 to repay in 83 monthly EMI @ Rs.45,600/-commencing from 17.03.2018 to 17.11.2024. Complainant failed to pay and violated the agreement for which the vehicle was repossessed on 07.07.2023, Complainant has filed the consumer complaint seeking aforesaid relief. There is not a single scrap of paper from complainant asking opposite parties to supply the aforesaid documents & the Complainant is also owner of multiple vehicles and earlier this Commission vide order dt. 08.08.2023 directed as under-
“Complainant has filed a C.C. Case bearing No. 96/2023 along with and I.A No. 52/2023 U/s-38(8) of the C.P.Act-2019 with a prayer that he has already paid a substantial amount towards liquidation of his loan to the Opp.parties and some EMIs has not been paid due to certain constraints, the reasons which has been communicated to the aforesaid OPP.Parties. But the Ops. Parties have forcefully taken away the vehicle on 08.07.2023 and in a mood to sell the vehicle. Therefore the above OPP.Parties should be restrained from doing so or else the Complainant having invested a very substantial amount may lose the asset (vehicle) for all days to come for non-payment certain amount.
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.OD-02AS-0672 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. 08.08.2023. The Op No.2 is directed not to change the ownership the vehicle in favour of any other person without leave of this Commission”.
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 lenient view we dispose of the consumer complaint directing the opposite parties to supply the statement of Account and any other document as required by complainant available with opposite parties and may charge the fees to that effect. The complainant has already paid Rs. 42,000/- on 14.07.23 and the order dt. 08.08.2023 has not been carried out by Ops and now submitted that there is outstanding amount of Rs. 3,26,696/- as on dt. 31.10.2023 and prayed to clear the dues before 31st March,2024. Taking into consideration the aforesaid submission and fact of the case, we direct that Complainant shall pay Rs. 1,50,000/- immediately and pay Rs. 35,000/- additionally along with regular EMI. On payment of Rs. 1.5 Lakh the vehicle shall be released immediately and if the Ops shall fail to release the vehicle, shall pay Rs. 1000/- per day to Complainant after 3 days of depositing of Rs. 1.5 Lakhs. With the aforesaid observation and direction the consumer complaint case No.96/23 is 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 15th day of November,2023.
I, agree
Sd/- Sd/-
PRESIDENT MEMBER
