Heard the learned counsel for the petitioner.

2.          Learned counsel for the petitioner submits that the impugned order has been passed without application of judicial mind disposed of by the District Commission on 09.03.2020. He drew attention of the order dtd.09.03.2020  directed by the learned District Commission to the present petitioner to release the vehicle on payment of EMI upto March,2020. Learned counsel for the petitioner submits that till date no EMI has been deposited. On the otherhand the impugned order has been passed imposing penalty for non compliance of the order dtd.09.03.2020.

3.          The operative portion of the impugned order is like this :-

      “        Hence, in the facts and circumstances    of the case, however, as an interim measure for the interest of justice, the Ops are directed to release the vehicle of the complainant bearing Regd. No.OD-02-AC-9206 in question subject to payment of EMI dues upto March,2020 by the complainant without imposing any other charges. The complainant is directed to pay the rest of the EMIs as per schedule till the completion of EMI period. Both the parties are directed to be present on each and every date of positing for early disposal of the case. “                                  

4.           It appears that the District Commission has taken the plight of the complainant into consideration  while considering  restriction during COVID-19. When the restriction of COVID-19 is taken into consideration for  the benefit of the complainant, it  ought to have also passed fresh order  by reviewing the order dtd.09.03.2020 but same has not been done. Apart from this District Commission should have considered the objection raised by the present petitioner.

 5.           In view of the above, the impugned order is set-aside at the stage of admission but at the same time  the OP is directed to release the vehicle within 21 days subject to payment of 50 % of EMI as demanded till 09.03.2020. It is not out of place to mention that after the vehicle is  released, the complainant would continue  to pay the EMI as agreed between the parties. It is also made clear that  the observation of the Hon’ble Supreme Court in respect of the interest or the relaxation of payment of delay charges by the parties is to be observed.

      The revision petition is disposed of accordingly.

       Free copy of this  order may be down loaded from website  of this Commission on CONFONET  as available to the parties be placed  before the learned District Commission to take further instruction.