Learned counsel for the revision petitioner is present.

On request and consent of the learned counsel for the revision petitioner, revision petition is taken up for hearing and disposal at the stage of admission.

This revision is directed against the interim order dated 10.4.2019 passed by the learned District Forum, Jajpur in CC No. 01 of 2019.

The impugned order reads as follows:-

“The dispute bearing no.01/2019 posted on 3.4.19 for hearing of the interim petition U/S 13(3)B which has been filed from the side of the petitioner to release the vehicle bearing no.OD-04-E-7144 seized by the O.P. As it appears from the original record that the petitioner is an unemployed young lady and to maintain her livelihood has purchased a Auto Riksha vide Regd. No.no.OD-04-E-7144 with the financial assistance of the O.P. That it is stated by the petitioner in the complaint petition that the O.P./financer without serving any pre-seizure notice has seized the vehicle. The petitioner also stated that she has paid the entire dues to the O.P. and no single pie is outstanding against the vehicle.

On the other hand the O.P. categorically has denied the allegation and has stated that the petitioner is a chronic defaulter for paying the monthly EMI and at present an amount of Rs.14,094/- is outstanding dues against the petitioner.

We perused the Misc. Case U/s 13(3B) and heard the learned advocate of both the sides. Considering the above fact and circumstance of the case and to meet the ends of justice as well as without prejudice to the interest and claim of both the parties we direct the O.P. to release the above vehicle bearing No.OD-04-E-7144 within 3 days after receipt of 50% of the outstanding as claimed by the O.P. The petitioner is also directed to pay the 50% outstanding amount as claimed by the O.P. within 7 days after receipt of the order and the claim of both the parties shall be decided at the time of finalizing of the main dispute. The interim order shall remain in force until further order.”

It is contended by the learned counsel for the revision petitioner that from the impugned order it is apparent, there is an outstanding dues of Rs.14,094/- towards arrear EMIs. The learned District Forum without assigning any reason directed release of the vehicle on payment of 50% of the arrear amount. In case the vehicle is released on receipt of 50% of the admitted outstanding amount, there will remain nothing to be decided in the complaint. It is further submitted that the contract period  has already expired  since 30.11.2017.

Having gone through the impugned order, we are of the view that the impugned order being  not supported by any reason for arriving at the amount directed to be paid by the OP/complainant for getting the repossessed vehicle release, in the absence of any reason the impugned order is not sustainable.

Therefore, the revision petition is allowed and the impugned order is set aside.

However, the financer may release the vehicle in case the OP/complainant pays the arrear EMIs of Rs.14,094/-.

Learned District Forum is directed to dispose of CC No. 01 of 2019 by the end of July, 2019 since it is stated that pleadings are already complete.

Learned counsel for the revision petitioner submits that the petitioner undertakes to file certified copy of this order before the learned District Forum within a week.