ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking not to repossess TATA LPT 3718 1CR COWL 68WB 10R20 BSIV bearing Regd. No.OD-05-AJ-9129 and to realize the arrear EMI from the complainant in easy installments and pay compensation of Rs.50,000/- towards mental agony and suffering.
Complainant took loan of Rs.33,78,000/- on 30.4.2018 to repay in 59 monthly EMI @ Rs.48,900/- commencing from 21.8.2021 to 21.6.2026 due to rephasement. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief as his vehicle was seized by CISF and kept for about 05 months.
We find no merit in the consumer complaint and any deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement. But at the same time the ground of complainant is also genuine as his vehicle was kept for 05 months by CISF and as a result complainant failed to pay the EMI. So we find little force on the ground of complainant.
Taking a lenient view we dispose of the consumer complaint directing that complainant shall pay his regular EMI and in addition to that pay 20% within 02 months and pay Rs.12,000/- (twelve thousand) in each month towards pending EMI. For failure to pay regular EMI and additional amount, the opposite parties are free to take action as per agreement/rule/law. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 27th October,2023.
