Order No. 03 Date:23.05.2022
The petition dated 18.05.2022 u/S 38(8) of the C.P. Act 2019 supported by an affidavit which have been registered as M.A. 32/2022 praying for an interim order directing the OPs not to sale the vehicle in question in auction and to release the vehicle being Model No. Tata LPT 191852 COWL BS IV, Registration No. WB-41J/6765 to the complainant at once in good condition, after receiving the present outstanding dues of Rs. 1,29,946/- till 16.05.2022 on the ground that he purchased the vehicle in question, on taking loan from the OPs and he has been paying EMIs in respect of loan in each every month regularly. But due to pandemic situation of COVID-19 and as the father of the complainant was expired suddenly, he was very much shocked and due to severe financial crisis he failed to repay his EMIs for the month of May and June 2021 and now he is ready to pay the above amount of Rs. 1,29,946/- to the OPs. In the meantime, some men with muscle power, as appointed by the OPs without due process of law, forcefully repossessed the vehicle from the Driver of the complainant at Nababhat More, Burdwan on 12.05.2022 and subsequently on giving the back date of 12.05.2022 the OPs issued notice for repossession which was sent through Post on 13.05.2022 and received by Post by the complainant on 14.05.20222, i.e. the OPs without due process of law forcefully repossessed the vehicle in question, prior to receive the notice given by them.
From Xerox copies of the documents supported version of the complaint, we find prima facie case to issue an interim order.
The OPs are directed not to sale the vehicle in question in auction till date (15.07.2022). The complainant is directed to file compliance report by the date fixed.
Let a copy of this order be supplied to the complainant on free of cost.
Dictated and corrected by me.
President
D.C.D.R.C., Purba Bardhaman
Member President
D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman
