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 parties to release the vehicle (Bajaj Pulsar Motorcycle) bearing No.OD-21-J-2775, pay Rs.10,000/- towards cot of proceeding and Rs.10,000/- towards compensation for mental agony and harassment”.
The brief fact of the case is that, the complainant is an unemployed youth and to earn his bread and butter was inspired with the schemes of the opposite parties wanted to purchase a motorcycle for his self employment and came in contact with the opposite parties on finance for the same. After submission of required documents, both the parties executed an agreement. The opposite parties sanctioned loan amounting to Rs.67,000/- on 13.01.2019 which was to be paid by the complainant in 36 equal installments @ Rs.3,745/- per month starting from February 2019 till liquidation of the loan amount. Due to Covid-19 pandemic, the complainant could not able to pay the EMI in due time, so now 6 nos. of installments are overdue with the complainant. But without serving any notice and not providing any statement of accounts opposite parties on 09.01.2021 took the motorcycle through the duplicate key. After several requests of the complainant, they did not pay any heed to him.
Opposite party No.1 filed written version stating as under;
The complainant approached this opposite party and requested to extend financial assistance for purchase of a two wheeler motorcycle considering the said request and agreeing to all loan terms and condition the complainant signed and executed a loan agreement the opposite party No.1 agreed to extend financial with an EMI of Rs.3,745/- starting from 03.3.2019. The complainant was irregular in payment of EMIs and is in default which resulted in violation of the agreed terms and conditions. As on 25.01.2021 loan account of complainant is in due of Rs.18,058/- towards EMI + Rs.20,032/- towards other dues along with Rs.90,507/- towards future EMIs payable, thus complainant has grossly violated the term and condition of loan agreement and default is an admitted fact in the caption of the complaint.
This Commission vide order dtd.22.01.2021 directed as under;
“Heard the learned counsel for the complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed not to sale the vehicle Bajaj Pulsar 150 Motorcycle bearing No.OD-21-J-2775 and release the vehicle in favour of the complainant on receipt of 02(two) installments from the complainant within 07 days (from the date of receive of this order) and not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.09.02.2021.”
This Commission again vide order dt.04.3.2021 directed as under;
“Complainant takes no steps. Advocate for O.P. No.1 filed objection. Copy not served. Heard the Advocate for O.P. No.1 and stated that as per account statement an amount of Rs.14,303.19 paisa is outstanding till 03.3.2021. Considering the facts and circumstances the complainant is a chronic defaulter. So we direct the complainant to pay outstanding amount of Rs.14,303.19 paisa within 30 days from the date of order and also directed to the complainant to pay current EMI to the opposite parties in every month. The order No.01 dtd.22.01.2021 is hereby vacated.”
The complainant is long absent and did not turn up. The complainant has not carried out the order passed by this Commission which was protecting his own interest. The complainant has also not filed any proof regarding payment of Rs.15,000/- in December, 2020. As such complainant is not able to make out a case and not able to proof regarding any deficiency in service. Accordingly the consumer complaint is dismissed. No cost.
