MR. BIBEKANANDA DAS, MEMBER:-               

           The C.C. Case No. 45/2019 filed on dt. 19.08.2019 alongwith an IA No. 14/2019 by the Complainant for illegal action of Op which caused irreparable loss to the Complainant. This C.C.Case has been pending since last 4 years & posted on 44 various occasions. As per the mandate the case should have been disposed off within 90 days. Therefore we are disposing it on priority basis. Perused the materials available on record & heard the case from both the Ld. Counsels of Complainant & Op.Party.

Brief Fact:-

                   Complainant’s vehicle OD-29C-6326 Tractor was purchased by availing loan from the Op. Party by paying respective installments. Unfortunately he couldn’t deposit 3 installments to a tune of Rs. 42,000/- some odd. The Op demanded Rs. 90,000/-, the Complainant expressed his inability to pay such illegal demand. The Op forcefully without notice seized the vehicle on dt. 08.08.2019, the same vehicle was released by the Op as per the order dt. 21.08.2019 of this commission on acceptance of Rs. 40,000/- from the Complainant.

                    The Complainant prayed for exemption of excess charges & settlement of account with penalty for deficiency in service, mental agony undergone & litigation cost.

Issues:-

1. The Complainant is a consumer U/S-2(7) explanation(a), the vehicle brought & used by the Complainant exclusively for his livelihood.
2. The vehicle was seized by the Op on dt. 08.08.2019 without notice & C.C.Case was filed on dt. 19.08.2019 is well within the prescribed period of limitation.
3. The illegal seizure of vehicle without notice is well defined as deficiency in service as per Sec-2(11) of C.P.Act, 2019. Op is coming under service provider being a financing Company. Therefore the Op committed not only deficiency in service but also unfair trade practice by using unfair method or deceptive practice. The action of the Op against the Complainant who made payment regularly throughout the payment of installment statement, illegally seized the vehicle without notice which is primary law to be followed. This Commission is well empowered to redress the grievance of the Complainant.
4. In our considered view the Op is liable to pay Rs. 50,000/- as penalty for non following the principle of natural justice and seized the vehicle without prior notice for which the Complainant undergone mental agony and constrained to file I.A No. 14/2019 before this Commission & Ld. DCDRC directed to release the seized vehicle on payment of Rs. 40,000/- to the Op.Party, vide order No.2 dt. 21.08.2019.
5. Ld. Counsel for Op submitted that as per their written version (the financial statement of Complainant’s A/C) there is a outstanding amount on 19^th Oct, 2022 on different head cheque bounce charges of Rs. 7966/-, additional interest Rs. 37,987/- and repossession charges Rs. 10,620/- & parking charges Rs. 2,625/- such amounts the Complainant is liable to pay as per the loan agreement. On the other hand Ld. Counsel for Complainant vehemently opposed to the said statement of Op & submitted that the outstanding amounts on the above heads are arbitrary and illegal and also a clear deficiency in service. The Outstanding dues was only Rs. 42,000/- when the present C.C.Case was filed. The Op having malafide intention and to harass the complainant did not provide the financial statement & demanded only Rs. 90,000/- for final settlement of account, which are arbitrary & illegal action of Op, the Complainant constrained to knock the door of this Commission to redress his grievances. Non-supply of financial statement by the Op is not only deficiency in service but also unfair trade practice.
6. Ld. Counsel for Complainant further submitted that the Complainant approached to the Op for final settlement of loan A/C on various occasion but the Op avoided the same & not responded & so also not provided actual statement of A/C and thereby harass & putted the Complainant in mental agony from the year 2019 till today. The Complainant already paid the principal loan amount whatever interest & other charges arosed due to negligence & unfair trade practice of Op. The Complainant being a poor consumer suffered a lot for maintaining his livelihood and remaining in mental agony from the year 2019 till today.
7. Ld. Counsel for Op Mr. R.K. Sahoo submitted that principal amount already paid by the Complainant. The outstanding remaining are interest, repossession charges, parking charges etc. Further stated that whatever Ld. Commission decides regarding outstanding dues he will be agreed & there should be an end to this litigation
8. The Op has already fined Rs. 50,000/- as penalty for illegal seizure of vehicle and Rs. 5000/- for non supply of statement of A/C of Complainant’s loan A/C. The total outstanding is Rs. 59,198/- on different heads till today. The fine amount of Rs. 55,000/- shall be deducted from the final outstanding & the rest amount shall be payable by the Complainant to the Op. Party.

                                                ORDER

                Taking into all the facts & laws involved and the injustice caused to the Complainant, it is hereby directed that the Op shall pay a total fine amount of Rs. 55,000/- to the Complainant within a period of one month from the date of receipt of this order & further it is directed that the fine amount shall be deducted from the total outstanding dues of the complainant  & the rest balance amount of Rs. 4198/- shall be paid to the Op. Party by the Complainant within a period of one month, failing which the Complainant is at liberty to file execution proceeding before this Commission. The C.C.Case is allowed on contest.

                       Issue extract of the order to the parties for compliance.                  

          Pronounced in the open Commission, on this the 2^nd day of November,2022.          

                            I agree

                             Sd/-                                            Sd/-                 

                       PRESIDENT                                MEMBER