Brief fact of this case is that, Complainant is the registered owner of one Truck bearing Regd.No.OD-09-K-5389 financed by the OP on dt.04.10.2019. As per Agreement the petitioner deposited all instalments at due time except 3 instalments. In the last time the OP on dt.08.01.2024 repossessed the said vehicle and the petitioner paid one instalment of Rs.73,000/- and paid Rs.10,000/-towards repo charges to release his vehicle. Due to illness and financial problem the petitioner takes time of six months to deposit the outstanding three instalments and not to repo his vehicle in any point of view by the OP. unless the time is allowed the poor petitioner will suffer irreparable loss and his family will go on starvation. Hence, the petitioner prayed the Commission to allow the petition and time of six months to deposit the  outstanding dues and order be passed not to reposses the said vehicle by the OP during plying on the road.       

The complainant relies upon the following documents:

1. Photocopy Statement of Accounts.
2. Photocopy of R.C.Book.
3. Photocopy of fitness.
4. Photocopy of National permit.
5. Affidavit

On the above pleadings the following issues are framed to decide the case.

1. Whether the case is maintainable?
2. Whether any cause of action arises on this case?
3. Whether Ops have made any deficiency of service?
4. Whether the complainant is entitled to get any relief sought for?

                                        FINDINGS

The petitioner is the registered owner of one truck bearing Regd.No. OD-09-K-5389 financed by the OP. The petitioner admits that due to financial problem he could not deposit the outstanding instalments dues in due time. He has prayed not to repossess the said vehicle by OP and to allow six months time for the payment of instalments dues.

So far as the documents filed by the complainant and Account statement up to Jan-2024 he has released the vehicle by depositing one instalments of Rs.73,000/- and Rs.10,000/ for repossess charges since then he is a defaulter. On the other hand the OP was threatening the complainant to repossess the vehicle. Till date the complainant could not filed any Account statement. Considering the matter and natural justice this Commission feels that the complainant is affected to get relief as he prayed for.

ORDER

The complaint petition is partly allowed. The OP Mahindra & Mahindra finance company is directed not to reposes the vehicle bearing Regd.No. OD-09-K-5389 up to three months and the complainant is directed to settle the outstanding EMIs with OP within the stipulated period.