MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed C.C.Case No. 82/2023 U/s-35 of C.P.Act,2019 before this Commission challenging the seizure of vehicle bearing Regd. No. OD-09-S-2528(Truck) due to defaulted EMIs, the vehicle was seized on dt. 07.06.2023. Challenging the said action of Ops, the Complainant filed C.C.Case No. 82/2023 alongwith I.A. No. 42/2023, wherein this Commission vide order dt. 27.06.2023 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&2, who are directed to release the asset (Vehicle) bearing Regd. No.OD-09S-2528 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. 25.07.2023. The Op No.3 is directed not to change the ownership the vehicle in favour of any other person without leave of this Commission”.
On being noticed Ops filed their written version and stated that the Complainant himself has not carried out the order dt. 27.06.2023 by not paying the exact amount. It is stated by Counsel for Op No.1 that Rs. 3,53,600/- was pending as on date of seizure. The Complainant submitted that, she has taken the loan for earning her livelihood and due to COVID-19 she has faced problem and admitted to have defaulted and prayed to consider her case sympathetically & she has already paid Rs. 87,300/- by Bank Draft. The Ops Counsel stated that loan recall notice was issued on 24.09.22 and pre-sale notice issued on dt. 08.06.2023. So, the Ld. Counsel prayed to dismiss the C.C.Case as the Complainant is a defaulter. The Counsel for Complainant submitted that she has already paid substantial amount and ready to repay 50% immediately and she will pay the regular EMIs and pay the rest 50% in 5 installments alongwith regular EMI.
Considering the grievance of Complainant & her plight, we direct to the Op No.1 to release the vehicle on payment of 50% pending dues as on the date of repossession minus the amount of Rs. 87,300/- already paid by the Complainant and on receipt of balance amount of Rs. 89,500/- and rest 50% shall be paid @10% along with monthly EMI in the next 5 months. The EMI accrued in between (from date of seizure to date of release) shall also be paid in 5 installments after the previous 50% of EMI is paid. If the Complainant fails to pay the regular EMI and the amount as directed above, the Ops are free to take recourse as per the agreement.
With aforesaid observation the C.Case No. 82/2023 along with I.A No. 42/2023 are accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 2nd day of August,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
