ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                                      JUDGMENT

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

            “Direct the opposite parties not to repossess the vehicle bearing No.OD-21-K-1455, supply copy of the loan agreement and other connected documents and to receive the installment for the loan without adjusting the same in any other charges and to exonerate the complainant from any other unnecessary charges and pay Rs.2,80,000/- towards compensation”.

            The brief fact of the case is that, the complainant being an educated and unemployed person for improvement of his business and purchased one TATA LPT 3718 CR BS IV in the year 2019 being financed by opposite parties for his livelyhood and maintenance of his family for the earning of the vehicle. In the May 2019 the complainant approached the opposite party No.2 to finance a vehicle loan and after sanction he purchased the aforesaid vehicle and got it registered  and make a body and cabin over the chassis and made an expenditure of Rs.5,00,000/- for body and cabin and registration and insurance charges. It is bad luck of the complainant that the vehicle could not be able to run due to frequent lock down and shut down throughout the country the complainant could not able to pay the loan properly and the same has been restricted at a higher rate of interest for loan of Rs.31,00,000/- and the finance charges stood at Rs.14,53,785/- which was to be repaid in 63 monthly installments. On 08.12.2021 opposite parties without serving any notice regarding the outstanding with proper calculation and adjustment reached to repossess the vehicle where it was parked for greasing and repair of mechanical trouble and washing, through muscle men but failed to do so as the vehicle could not be moved and now threatening the complainant through their agents to repossess the vehicle at any time with help of break down service without any settlement in spite of several request. 

            Opposite parties filed written version stating as under;

            The opposite parties and complainant are the financer and borrower respectively being bound by the terms and conditions of loan agreement duly executed. As per agreement on 27.5.2019 the repayment details along with statement of account the loan details are finance amount of Rs.31,00,000/-, finance charges Rs.14,53,784.98 paisa, contract value Rs.45,53,784.98 paisa, overdue installment as on 13.04.2022 of Rs.5,62,634.75 paisa and net overdue interest as on 13.4.2022 of Rs.82,748.89 paisa.  On request of the complainant the opposite parties again sanction another Fast Track Loan of Rs.5,80,000/- on 21.12.2020 for his business and the details are finance amount of Rs.5,80,000/-, finance charges Rs.2,12,407.97 paisa, contract value of Rs.7,92,407.97 paisa, overdue installment as on 13.4.2022 of Rs.39,202/- and net overdue interest as on 13.4.2022 is Rs.1,664,26 paisa. On the both loans as mentioned above there is a due of Rs.6,01,836.75 paisa as overdue installment along with Rs.84,413.09 paisa as net overdue interests with future EMIs. All the account related documents are available for the customers in the Finance Company’s online portal which can be easily accessed through registered mobile number.

            The grievance of complainant is based on appreciation of repossession of vehicle and subsequent the opposite parties repossessed the vehicle loaded with iron ore on 07.5.2022 but at that time the misc case No.173/2021 order No.01 dtd.13.12.2021 was in force for which complainant filed E.A. No.10/2022 U/s.71 & 72.

            The opposite parties without preferring any appeal/revision before the State CDR Commission again repossessed the vehicle on 17.11.2022 when the vehicle bearing No.OD-21-K-1455 was loaded with coal at Manguli and detained the vehicle from 17.11.2022 till date. Most of the time i.e. about 8 months the vehicle is/was in possession of the opposite parties and the complainant could not generate any income from the vehicle and unable to pay EMI as well as to maintain his livelyhood. Due to such hostile attitude of the opposite parties the complainant suffered a lot and as such eligible to get relief.

            It is clear case of deficiency of service as in spite of order of this Commission the opposite parties time and again repossessed the vehicle without any prior notice, without providing him the account statement, agreement loan and other papers.

            Hence we allow the petition and direct the opposite parties to receive 04 installments from the complainant and release the vehicle bearing No.OD-21-K1455 to the complainant within 30 days from the date of receipt of the installments part of the pending EMIs to be paid along with future EMIs regularly to opposite parties. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.