ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                            JUDGMENT

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

            “Direct the opposite party not to repossess the vehicle, extent the loan period for another one year from 05.11.2020 and pay Rs.1,00,000/- towards mental agony, Rs.50,000/- towards financial loss”.

            The brief fact of the case is that, the complainant purchased a vehicle being financed by opposite party of Rs.23,47,000/- on 02.12.2016 fixing 46 EMIs at the rate of Rs.63,700/- starting from 05.02.2017 to 05.11.2020. Till date of filing this case complainant has paid Rs.20,37,694/- to the opposite party and  a sum of Rs.3,10,000/- is outstanding. During the Covid-19 pandemic although the opposite party as per the guidelines of the Reserve Bank of India relaxed all the loanees to pay the EMI, but the complainant paid the EMI in Covid-19 period only he is default of paying five installments. The last installment due is 05.11.2020, the complainant has several times requested the opposite party to extent the EMI period for another one year, but the opposite without extending the said period threatened to repossess the vehicle by use of force.

            Opposite parties have filed their written version stating as under;

            The complainant is a chronic defaulter of the installments. The complainant has defaulted in repayments within the prescribed time of several installments. As on 24.5.2021 there is a total due of Rs.3,51,939/- (i.e. total EMI dues is Rs.1,91,100/-, total OEI Rs.1,40,135/-, total CBC Rs.20,704/-) and out of 46 installment there are in 37 instances he has defaulted the EMIs due to insufficient fund and paid on latter and till date still there is three EMIs yet to be paid as on date. The detail as mentioned in the repayment history clearly shows that the complainant has failed to repay the loan installments within stipulated time and also, faulted in making full payments of the amount as agreed under the contract.

            The loan was taken in March, 2017 and the amount was to be paid within 05.11.2020 and in the meantime said period has expired. The complainant is regularly defaulted in paying the amount and in the meantime the agreement period is over and the complainant has already enjoyed the interim protection of this Commission. In view of the facts and circumstances of the case, it is direct that the complainant shall be allowed to clear the dues within three months and till then the opposite parties shall not take any action. It is made clear that in addition to due EMI the complainant shall pay 20% of OD charge. If the complainant fails to clear the dues within three months then he may approach the opposite parties seeking any relief and the opposite parties are free to take any action as per law. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.