ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                           JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite party No.1 to comply the installments which he has received from the complainant, opposite parties No.3 & 4 to take legal action against the opposite party No.1 to recover all the installments which has not been adjusted in the loan account and opposite parties No.3 & 4 to issue NOC to the complainant and close the hypothecation, direct the opposite parties not to take any coercive action and not to repossess the tractor and pay Rs.20,000/- towards cost of proceeding and Rs.1,00,000/- towards mental agony and harassment”.

            The brief fact of the case is that, the complainant is a farmer, maintaining his livelihood on farming and for the said purpose he intended to purchase a tractor for his agricultural purpose and came in contract with the agent of the opposite party No.1 who convinced the complainant to purchase tractor and being influenced by the agent he executed a loan on the terms and condition as stated in the agreement on 30.6.2017 where the finance company sanctioned an amount of Rs.5,78,635/- as loan amount which is to be repaid by the complainant in 60 EMIs and each EMI fixed at Rs.14,926/-. The complainant started repayment from 13.8.2017 and continued the same without any break till July, 2022 to the collection agent by cash and obtained receipt and mobile message. All on a sudden on 26.7.2022 the collection agent of O.P. No.1, Manager of (O.P.No.2) and some unknown person reached at complainant house and said that there is huge amount of outstanding over the complainant and if the complainant will not pay the same, they will take away the vehicle and demanded Rs.50,000/- instantly. So finding no way the complainant took hand loan from his neighbour and friends and immediately paid Rs.40,000/- to the Manager in front of the collection agent and other local gentries. The Manager again threatened the complainant if the complainant will not pay the total overdue amount within one month from that day, again they will come and take away the vehicle. 

            Notice to opposite parties were sent by Regd. Post on 31.8.2022 but opposite parties did not respond and the opposite parties were set ex-parte on 12.10.2022.

            The specific allegation of complainant is mostly against opposite party No.1 who is the collection agent of opposite parties and alleged to have received/collected the amount from complainant and deposited after due date for which there is overdue. In spite of our notice none of the opposite parties appeared or file any version.

            We after going through the consumer complaint, evidence affidavit and written note of argument filed by complainant accept the allegation and direct the opposite parties to deduct the overdue charges as their collection agent has received the amount from complainant. We further direct that opposite parties henceforth issue instruction to receive the amount through cheque or draft from the loanee and we further direct the opposite parties to collect the dues and intimae the complainant after deducting overdue charges of Rs.40,000/- as claimed to be received by opposite party No.1 and give opportunity to pay if any amount to be paid by the complainant to the opposite parties. We direct the opposite parties to issue NOC in favour of complainant after receipt of any due amount which is to be intimated by opposite parties to the complainant. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.