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 to release the vehicle in favour of the complainant to accepting only the installment without fine and pay Rs.5,000/- towards cost of litigation and mental harassment”.

            The brief fact of the complaint is that, the complainant purchased on Pulsar 220 (BS-IV) motorcycle from M/s Maitree Auto Care opposite party No.1 with the help of L&T Finance Company i.e. opposite party No.2. The complainant used the vehicle to carry his vegetable business far and near places to maintain his family. Due to Covid-19 the complainant could not pay two installments out of 29 installments, though the complainant paid installments regularly since 2018 i.e. 21 out of 29. On 15.9.2021 opposite parties adopting unfair trade practice seized the vehicle forcefully without listening to the complainant. 

            The complainant in support of his case has filed following documents;

1. Registration Certificate.
2. Retail Invoice
3. General information of the asset.
4. Copy of complaint before Tirtol Police Station.

            Notice was issued on 29.10.2021 to the opposite parties. The opposite parties neither appeared nor filed any written version before this Commission. Hence opposite parties are set ex-parte vide order No.5 dt.28.9.2022.

            It seems from the material on record that the complainant purchased a Pulsar 220 (BS-IV) motorcycle from opposite party No.1 for a sum of Rs.98,790/- financed by L&T Finance Ltd. (O.P. No.2) on 13.11.2018. From the retail invoice it is clear that vehicle was financed fully i.e. Rs.98,790/- as there is no down payment amount mentioned on the record. It is also noted that there is no evidence on record that whether complainant deposit EMI regularly or not. There is not a single scrap of paper or proof to say that complainant paid EMI regularly.

            Hence the opposite party No.2 is directed to release the vehicle to the complainant after receiving all the outstanding dues within 30 days from the date of receipt of the order. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.

            Pronounced in the open Commission on this 30^th Dec.,2022.