ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;
“Direct the opposite parties to not to repossess the vehicle bearing Regd. No.OD-21-D-7372 and supply a copy of the loan agreement and current amount statement and to reschedule the loan amount excluding overdue charges by fixing a lesser amount after calculating the same in the agreed rate of interest and to exonerate e the complainant from any other unnecessary charges and to pay compensation of Rs.1,50,000/-”.
The brief fact of the case is that, the complainant being unemployed, interested in transportation work decided to enter in that business and to purchase a truck bearing Regd. No.OD-21-D-7372 to earn for his liveyhood and to maintain his family out of the income by plying the said vehicle and the opposite party No.3 managed to convince the complainant to avail a loan. As per the assurance for the aforesaid loan the complainant had signed an agreement with the opposite parties vide loan-cum-hypothecation agreement for purchase the said vehicle. After registration, the complainant used to ply the vehicle and used to repay the loan installments in regular intervals to the opposite parties in time. Due to illness and due to heavy rain the vehicle could not able to move and became idle for pretty long time about six months and the complainant could not able to pay the installments in time and the same was intimated to the opposite parties No.2 to 4 orally. All of a sudden on 25.4.2019 without any notice/intimation the muscle men of opposite parties reached at the workshop where vehicle was parked tried to repossess the vehicle by use of force and due to mechanical problem it could not be started and they threatened the complainant that they will repossess the vehicle very soon after making minor repair of the vehicle. Without any settlement in spite of several requests, it is a clear case of deficiency of service and monopoly trade practice of opposite parties.
The opposite parties filed their written version stating as under;
The complainant has approached the Commission with unclean hands and concealed important facts in his complaint. The complainant is an intentional defaulter defaulting huge number of EMIs and his present total outstanding as on 13.7.2021 there is a total due of Rs.27,64,559/- (i.e. total EMI dues is Rs.18,36,800/-, total OEI Rs.9,08,289/-, total CBC Rs.19,470/-) and this fact has been intentionally and deliberately concealed to mislead this Commission. The complainant failed to clear the EMIs from 14th EMI i.e. from 20.10.2017 onwards till date due to “insufficient funds” though a few EMIs have been cleared due to “RAC/Hold Debit” or “Cash” but failed to clear huge amount of dues well before the filing of this case and the same is clear from the SOA attached as Annexure-A. The complainant is liable to pay the principal amount along with the contractual interest in 47 EMIs @ Rs.65,600/- towards the contract value. The said contract value amount was to be repaid in 47 equated monthly EMIs which are to be paid from 20.9.2016 till 20.7.2020.
This Commission vide order dtd.17.5.2019 was pleased to direct as under;
“Heard the advocate for complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed not to repossess the asset (vehicle) AL 3118 IL (Tipper) bearing Regd. No.OD-21-D-7372 and not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.04.06.2019.” the period of agreement is already over in 2020. The grievance relates to supply of loan agreement, current statement account and reschedule of loan account excluding overdue charges.
The complainant has already enjoyed the interim order and in the meantime the contractual period is already over. We therefore direct the opposite parties to supply the xerox copy of loan agreement and current account statement for payment of require fees. Since the period of agreement is already over we do not interfere with regard to payment. The opposite parties are free to take action as per law. Accordingly the consumer complaint is disposed of. No cost.
