ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;
“Direct the opposite parties to release the vehicle repossess on 07.9.2014, waiving Rs.12,000/- towards repossession charge, Rs.15,000/- towards parking charges, Rs.2,728/- towards LPP charges, Rs.2,902/- towards for closure charges, extend another 12 months time for loan period and pay Rs.30,000/-towards mental agony and Rs.20,000/- towards financial loss”.
The brief fact of the case is that, the complainant is an unemployed man who in order to earn bread and butter for himself and his family members wanted to have a Mahindra Pick up. Due to financial incapacity the complainant approached the opposite parties for finance and accordingly opposite parties financed to the complainant bearing loan account No.21937234 fixing 46 EMIs of Rs.7,600/- each starting from August, 2012. Till 30.9.2014 the complainant has cleared up 25 EMIs and in default of paying 4 EMIs. On 07.9.2014 the opposite parties without issuing any prior notice to the complainant have repossessed the vehicle and in a mood to dispose of the same to get some wind fall gain.
The opposite parties have filed their written version stating that, as per the explicit terms and conditions of the agreement the complainant had agreed to liquidate the entire loan amount of the vehicle in 47 monthly installments @ Rs.7,655/- each starting from 05.9.2012 to 05.7.2016 as per the repayment schedule. Any delay or defaults in making payments of any such installments would attract late payment penalty charges, cheque bouncing charges and such other charges as more fully set out there under and the opposite party bank will be entitled to take the possession of the said vehicle as right and remedies of the bank. The complainant till date has also did not clear the contractual dues for which still there is an total outstanding dues of Rs.30,181.97 is overdue against the loan account of the complainant consisting of installments overdue of Rs.15,287.97 + late payment penalty charges of Rs.5,562/- + cheque bouncing charges of Rs.9,332/- remain unpaid as on 26.5.2015. The said outstanding dues are clearly evident from the statement of account of the complainant.
This Commission vide order dtd.15.9.2014 was please to direct as under;
“Submission appears to be just and reasonable supported with affidavit. Hence considering the facts and circumstances, the misc case stands allowed. The opposite parties are directed to release t he asset (vehicle) Mahindra Pick-up bearing No.OR-21-E-4484 in favour of the complainant receiving Rs.15,000/- which shall be tendered by the complainant within 07 days from the date of this order, leaving the rest to be decided later and further directed not to dispose of the vehicle in the mean time otherwise.”
The main contention of the opposite parties for nonpayment of installments, late payment of installment and cheque bounced. Both parties are absent on call. We are not briefed about present status of the case of both parties, status of vehicle and the parties.
The main prayer of the complainant is to handover the vehicle, which is already passed on 15.9.2014. The second prayer regarding waiving of repossession charges and other charges since the complainant is defaulter and we are not passing the order to pay any cost to the complainant and the opposite parties are free to charge the repossession charges. The next prayer for extending another twelve months has already been expired during the pendency of consumer complaint as such the same is infructuous. As such the opposite parties are directed to issue the NOC after receiving of the dues from the complainant and direct not to charge the overdue. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 18th January,2023.
