MR. PRAVAT KUMAR PADHI, PRESIDENT:-
This C.C.Case No. 16/2023 has been filed U/s-35 of C.P.Act, 2019 seeking following relief:-
Honbl’e Commission may direct the Ops not to seize the tractor bearing Regd.No. OD-29H-4049 stands in the name of deceased husband of Complainant namely Avay Ojha and direct to Ops to issue NOC in respect of the same tractor bearing R.C.No.OD-29H-4049 with Compensation of Rs. 50,000/- towards mental agony & litigation expenses.
Brief fact of the case is that Complainant’s late husband intended to purchase a commercial vehicle vide vehicle No. OD-29H-4049 for enhancement of his business. He had in due course of approached to Hinduja Leyland Fin. Ltd. (Op-1 &2) for availing the requisites finance for the purchase of the said vehicle and the said Ops after proper consideration thereof agreed to finance an amount of Rs. 5,00,000/- to the Complainant by way of a duly executed hypothecation agreement to that effect vide loan Agreement No. ORCUKN00683 dt. 03/10/2020, enshrining the terms and conditions duly consented and acquiesced to thereof. As per Agreement the Complainant to pay interest for an amount of Rs. 168000/- and the Ops also paid insurance amount Rs. 17000/- on behalf of Complainant. Accordingly the Complainant has to pay the total agreement value Rs. 500000 + 168000+170000- Rs. 685000/-. The said finance amount was to be repaid by the complainant herein in 47 installments @ 14269/- from 15.11.20220 to 15.09.2021 and Rs. 14213/- from dt. 15.10.2021 to 15.09.2024. accordingly the repayment schedule and agreement copy issued to the Complainant. It was an essential pre-requisite that the said installments was to be paid 15th day of each month as per terms & condition of the said agreement, failing which overdue interest & delay payment charges would accrue in the loan account of the Complainant herein, and the Complainant had also agreed to pay cheque bounce charges in case his instruments on that accord were dishonored on presentation on such due dates.
Complainant’s husband has paid the installments almost regularly during his life time from Nov-2020 to Oct-2021( the last cheque was dt. 31.08.2021 realized on 21.10.2021 amounting Rs. 30402/-, the loan/loanee/Hierer was not insured for which the Ops on dt.07.08.2022 when Complainant her late (husband) failed to pay the EMI issued notice for repayment of Rs. 2,15923/- and directed to clear all dues within 3 days failing which they will repossess/seize the vehicle after which the Complainant i.e the wife of the owner of vehicle(Tractor) bearing Regd. No. OD-29H-4049 has filed the C.C.Case seeking aforesaid relief.
The Ops have raised their objection with regard to jurisdiction which is not sustainable in view of Sec-34(2)(d) of C.P.Act, 2019.
We have gone through the agreement in which in addition to the Hierer, Complainant and one Sukadev Barik have signed as Borrower and Guarantor.
Now the question arises whether the Complainant can retrain the vehicle without paying anything to the Ops.
The Ops being the financer under the Hierer Purchase agreement remains as the owner until the loan is repaid/cleared and the Hierer/Loanee remains as the trustee. In this case loan was not insured for which the Legal heir(s)are liable to pay the dues in order to keep the vehicle. We find no deficiency in service on the part of Ops in issuing the notice in the name of Complainant’s husband may be due to ignorance of the death of Complainant’s husband as there is no document filed regarding communication of death of Complainant’s husband. But keeping in view the peculiar situation and condition of the widow lady in the young age, we direct that if the Complainant applies for OTS/settlement then the Ops shall settle the claim by waving the ODI/Additional interest charge and in case complainant is ready to pay and pays 50% within 15 days of settlement and rest in between the agreement period then some relaxation may be given to her in accordance with rules. Complainant may be allowed to retain the vehicle. If the Complainant fails to pay the dues as directed above. The Ops are free to repossess the vehicle and take action as per agreement/Rule/law/norms. After payment of dues as directed above NOC shall be issued within one month after clearance of entire dues.
With the aforesaid observation and direction that, the C.C.Case No. 16/2023 & IA No. 7/2023 are accordingly disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 8th day of November,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
