M.C.No.645 of 2022

R.P. No. 60 of 2022

         Heard learned counsel for both sides.

2.      Learned counsel for the petitioners submitted that it is a 2^nd round of visit to this commission because in earlier occasion, this Commission by order dated 3.8.2022 has directed to the learned District Commission  to pass speaking order within  a period of 45 days and accordingly the order dated 05.07.2022 passed by the learned District Commission was set aside. But in the impugned order the learned District Commission only adding some comic words  passed the same order which should be set aside by allowing the revision.

3.      Learned counsel for the complainant submitted that due to non release of the vehicle the complainant is suffering a lot and during corona period, he has no any chance for earning money through this vehicle. So he submitted to confirm the impugned interim order.

4.      Considered the submission of learned counsel for the petitioners and  the OP who appears in person and  perused the impugned interim order. It appears that the learned District Commission has only confirmed the order passed earlier. It is true that the complainant has  filed  the case to release the vehicle as he has suffered from financial loss due to non plying of the vehicle. There is huge outstanding pending against the OP. Therefore, balancing the pleading of both  the parties, we think  it just and proper to revise the impugned order by directing the O.P to  pay 50% of EMI outstanding as on 05.07.2022 and the petitioners are directed to release the vehicle on receipt of above 50% of outstanding EMIs. The aforementioned amount would be deposited with the petitioners within 15 days by the complainant from today and the vehicle would be released immediately within three days from the date of receipt of the amount. The  complainant is also directed to go on depositing  the EMI regularly without waiting the result of the complaint case.

5.      The revision petition is disposed of accordingly.