JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 alleging unfair trade practice and seeking following reliefs;
“Direct the opposite parties not to repossess the ASHOK LAYLAND U 3718 BS IV Goods Carrier bearing No.OD-04-N-2988 belong to the complainant and to supply a copy of the loan agreement and account statement and to adjust the unutilized D.P. amount with the installments and to receive the installment for the loan without adjusting the same in any other charges and to exonerate the complaint from any other unnecessary charges and to pay the compensation of Rs.1,50,000/-”.
The brief fact of the complainant is that, the illegal action of the opposite parties attempting to seize the vehicle of the complainant without any justifiable reason. The complainant had signed an agreement with the opposite parties vide loan-cum-hypothecation agreement for purchase the said vehicle and availed loan of Rs.33,09,000/- which will be repaid in 58 installments @ Rs.77,000/-. The complainant already paid one installment and failed to pay only two installments to the financier due to her illness. On 09.12.2019 the opposite parties without serving any notice regarding the outstanding without proper calculation and adjustment reached near Dochhaki to repossess the vehicle where it has been parked for repair of wheels but failed to do so as the vehicle could not be moved and now threatening the complainant to repossess his vehicle at any time with help of break down service without any settlement in spite of several request. It is a clear case of deficiency of service and monopoly trade practice of opposite parties.
The opposite parties filed their written version stated that, the complainant is a habitual defaulter and substantial amount is due from the commercial vehicle in question. Total outstanding Rs.2,33,310/- as on 31.12.2019 including cheque bounced charges. The said vehicle was purchased and being used for the commercial purpose and not for earning of the livelyhood of the complainant. The complainant owns another commercial vehicle which she is using for commercial transport and earning profit from it. In view of the two commercial vehicles as mentioned above the complainant is not a consumer under Consumer Protection Act.
As revealed from the statement of account the 1st installment was 10.9.2019 and last date of installment was 10.6.2024. The prayer of complainant to supply copy of loan agreement, current account statement is allowed and opposite parties is directed to supply the same within 45 days. Since both parties are absent since long, we are not properly briefed. Since the last installment due is on 10.6.2024 and we are dark about the present status. We therefore disposed the consumer complaint that if the complainant prays the rescheduling his loan with installment of lesser amount, the same may be considered by the opposite parties (Bank) as during the period of loan there was covid-19 for which there was serious impact in transport business. We hope the opposite parties while considering the grievance of complainant and opposite parties shall give suitable relaxation in rescheduling the loan with lesser amount having more periods. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
