M.C.No.949 of 2022

R.P.No. 88 of 2022

          Heard learned counsel for the petitioner on the point of limitation.  He submits that there is 26 days  delay in filing the  revision application  due to official procedure and prays to  condone  the delay.

          Considered the submission. In view of the fact that the delay is 26 days, we take lenient view and condone the delay and also allow the limitation petition.

R.P.No.88 of 2022

         Heard  learned counsel for the petitioners.

2.      Learned counsel for the petitioners submitted that the learned District Commission,Jagatsinghpur after hearing of both parties have passed the impugned order giving direction to the petitioners not to repossess the vehicle and not to take any coercive action against the vehicle. In spite of nonpayment of regular EMIs the complainant is enjoying the vehicle by virtue of such order. He, therefore, submitted to revise the impugned order by directing the O.P to pay the regular EMIs, failing which the vehicle would be repossessed.

3.      Considered the submission. Perused the impugned order. The impugned order passed by the learned District Commission is as follows:-

                             “xxx                   xxx          xxx

Advocate for both parties are present. Opposite parties filed objection and copy served. Heard. Perused the materials found on record, it is clear that as per statement of accounts an amount of Rs.3,22,923.84 paisa is pending outstanding against the complainant as on 30.08.2022. Considering the facts and circumstances we direct to complainant to pay 30% of EMIs within three weeks from the date of order. Hence the opposite parties are directed not to repossess the asset ( vehicle) bearing Regd.No.OD-04-N-6175 and not to take any coercive action against the complainant in respect to the aforesaid vehicle till disposal of the consumer complaint”.

4.      The aforesaid order clearly show that the subject matter is only arrear of Rs.3,22,923.84 paisa is pending  and admittedly 30% of same has been deposited by complainant. Now apprehension of the petitioners is that after deposit of 30% the complainant would remain silent to pay other installments regularly and arrear as there is no such order by District Commission. When subject matter is pending before the learned District Commission, it has exercised jurisdiction vested on it, we are not inclined to interfere with the impugned order but only to direct the learned District Commission to hear the complaint case in accordance with law and dispose of the same within a period of two months.

5.      Revision petition is disposed of accordingly.