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 not to repossess the vehicle bearing No.OD-05-AK-9072 and supply a copy of the loan agreement and current account statement and to reschedule the loan amount excluding over dues charges by fixing a lesser amount after calculating the same in the agreed rate of interest and to exonerate other unnecessary charges and pay Rs.1,50,000/- towards compensation”.
The brief fact of the case is that, the complainant being unemployed interested in transportation business to purchase a Truck for his livelyhood approached the opposite parties being finance. As per the assurance by opposite parties the complainant had signed an agreement vide loan-cum-hypothecation agreement. 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 of complainant and heavy rain the vehicle could not able to move and became idle for pretty long time about three months for that complainant could not able to pay the installments in time which was intimated to the opposite parties. Knowingly the situations of problem opposite parties are threatening the complainant to repossess the vehicle at any time after making minor repair of the vehicle.
Opposite parties filed their written version stating as under;
The complainant approached the opposite parties to finance him for purchase a vehicle and after detailed deliberations of loan cum hypothecation agreement was executed on 10.5.2018 under which an amount of Rs.27,61,000/- was financed, interest charges Rs.8,55,910/- and insurance Rs.1,60,000/- total Rs.37,76,910/- which is payable in 58 installments from 07.7.2018 to 07.4.2023. The complainant was a willful defaulter and as on 14.9.2019 the complainant is liable to pay Rs.2,74,335/- towards over due and Rs.27,47,782/- towards future dues and in total a sum of Rs.30,22,117/- will be paid.
This Commission vide order dtd.04.9.2019 given interim protection but the complainant has not paid any EMI after the interim order for which we are satisfied that the complainant cannot be protected. Both counsel were absent since long. Today both parties are present and we dismiss the consumer complaint as the complainant has no regard to the order of this Commission when the order was in its favour. The opposite parties are free to take any action against the complainant as per rules and law. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.