ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                             JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to return the vehicle provide loan agreement, receive the installments leaving other charges and pay Rs.3,65,000/- towards compensation ”.

            The brief fact of the case is that, the complainant being an unemployed person availed a loan as against one vehicle bearing No.OD-29-J1717 in the year 2020 being financed by opposite parties for her livelyhood and maintenance of her family from the earning of the vehicle. The opposite parties financed Rs.36,28,000/- and the interest charges Rs.11,24,680/- and one year insurance Rs.78,000/- in total the repayable amount comes to Rs.48,30,680/- and which will be repaid in 60 monthly installments @ Rs.81,943/- from 07.12.2020 to 07.9.2025. On 17.5.2022 the opposite parties forcibly seized the vehicle in spite of the fact that complainant has already paid Rs.13,28,000/- and due to poor business condition and frequent notification of Covid-19 the complainant could not able to pay the rest installments and failed to pay some installments till repossession. The complainant rushed to the office of opposite party No.3 and offer to deposit one monthly installment and approached the opposite party No.3 to release the vehicle but the opposite party refused to release the vehicle.

            Opposite parties filed written version stating as under;

            The complainant intended to purchase commercial vehicle to use the vehicle for the enhancement of her running group business. She had in due course approached to opposite parties for availing the requisite finance for the purchase of the said vehicle and the opposite parties after proper consideration there of agreed to finance an amount of Rs.36,28,000/- to the complainant by way of duly executed hypothecation agreement to that effect on 06.10.2020. But since the beginning her repayment track was not as per agreed terms and conditions of the loan agreement, resulting which the complainant became defaulted. Hence as per the revised schedule complainant has to pay total agreement value sum of Rs.47,52,680/- including interest payable from 07.12.2020 to 07.9.2025 in 58  installments as per the repayment schedule and agreement copy issued to the complainant. However, complainant is liable to pay sum of Rs.31,82,709/- outstanding dues therein together with the additional interest @ 3% P.M. from the date of notice i.e. 16.6.2022.

            The complainant is a lady and owner of 03 commercial vehicles cannot be said to be self employed as such not a consumer and thus not entitled for any relief.

            However taking into consideration the order passed by the Hon’ble State Commission to release the vehicle on payment of 50%, we direct the opposite parties to release the vehicle on payment of 50% and if it is paid, then release the vehicle immediately. The complainant is directed to pay regular EMI with some portion of pending EMIs and clear the arrear in 01 year. After release of vehicle no action shall be taken by opposite parties to repossess the vehicle for one year and opposite parties shall not harass the complainant, provided complainant pay the regular EMI and some portion of pending dues. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.