4). Ordered dated 20.01.2015.

                                      The case record is put up today as it is fixed for hearing and consideration of the petition under section 13 (3-B) of the CP Act  as filed by the petitioner Sarforoz Azad, praying for release of the seized vehicle kept under the custody of the Ops. Advocate on behalf of the Op No. 2 appeared before the Forum and files V. Nama with a time petition for hearing.

              Heard the case from both side rejecting the time petition filed by the Op No. 2, as the matter of the case as above pending before this forum is the emergency in nature and the vehicle seized by the Ops was the only source of income of the petitioner to earn his livelihood and maintenance of his family. As per the allegation made by the petitioner, he has purchased the vehicle (Tipper) TATA SK 1616/36, bearing Regd. No. OR-16D-5206 financed from the company of Op No.1 Citicorp Finance ( India ) Ltd which the petitioner has already  repaid the finance dues to the company. The petitioner was waiting for obtaining No Dues Certificate from the Op No. 1, but suddenly on dated 11.01.2015  Op No. 2 through his agent Op No. 3 showing the vehicle as borrower of one  Amit Kumar Sa illegally seized the finance  vehicle loaded with coal from Rajgangpur. Against the illegality and negligence of service by  the Ops, petitioner has filed complaint petition before this Forum for claiming compensation and  during  pendency of the same pray for passing interim order to release the seized vehicle from the Op No. 2 illegally seized through his agent Op No. 3.

                  Considering the fact and circumstances of this case as above, perusal of  documents available in the  record and hearing the case from the side of the petitioner, in the present  situation  looking the  apprehension of damage of the vehicle and finding ownership of the petitioner in the Registration Certificate Particular  issued by the RTO,  Sundargarh and Letter of Proposal No. SW40381001 issued by the Op No. 1  as   to approval of  Finance in favour of the petitioner the seizure made by the Op No.2 through the Op No. 3 showing the vehicle in the name of one Amit Kumar Sa as borrower in the seizure documents/inventory of items in vehicle is contradictory as to ownership of the vehicle.  And during pendency of the  proceeding of complaint case,  it appears in our minds to it necessary  to pass interim order to  release the seized vehicle of the petitioner as per Registration Certificate is just and proper. Hence the interim petition filed by the petitioner for release of the seized vehicle,  TATA  SK  1616/36  bearing  Regd. No. OR-16D-5206  by   the Op No. 2 is allowed. The Op No. 2 is also directed to release the aforesaid seized vehicle to the owner of the vehicle within 7 days after receipt of this order by charging no any other dues with execution of proper Zimanama, as the matter is sub-judice before the Dist. Consumer Forum, Sundargarh-1.

             Copy served to the Op No. 2, Branch Manager, Tata Motor Finance, branch office at Uditnagar, Near Old Police Station, Ps. Uditnagar, Rourkela, Dist. Sundargarh for favour of information and report for compliance after release the seized finance vehicle.

                      Accordingly Misc. Case is disposed of.