M.C.649/2021

                       Heard learned counsel for both the sides.

2.                  It is submitted by the learned counsel for the petitioner that learned District Commission has committed error in law by passing the impugned order without following all aspects. He drew attention to the impugned order and the orders passed before that. According to him learned District Commission, without following the provision of law has issued the NBW against the concerned Manager of OP. During course of argument he submitted that the OP/complainant defaulted 9 EMIs to pay. When the EMIs are not being paid, the vehicle has been repossessed. So, he submitted to set-aside the impugned order and recall NBW.

3.                Learned counsel for the OP submitted that they have paid the EMI till April,2021 by obeying the order of the learned District Commission. After the payment of  EMI the vehicle was released but again the vehicle was repossessed in August,2021 inspite of payment of EMI in the month of May and the July,2021. So, he submitted to release the vehicle as early as possible by complying the order of the learned District Commission.

4.                       Considered the submission of both the parties, perused the copy of the order dtd.20.09.2021 nddtd.06.12.2021. It appears that this a second round of revision between the parties. Learned District Commission passed the order on dtd.20.09.2021 in the following manner:-

                          “ Record is put up today due to Hon’ble Member is leave on 16.09.2021. Complainant/Opp.party filed the order dtd.31.03.2021 passed by the Hon’ble State CDR Commission in R.P. No.20 of 2021.

                            It has been directed the complainant to deposit Rs.58,000/- towards EMI for the month of February  and March,2021 within dtd. 15.04.2021with a further  direction to appear before this Commission on dtd.15.04.2021 in order to dispose off the complaint case within 60 days.

                            It appears from the record that the complainant has not filed any document showing compliance of the order of Hon’ble State CDR Commission. However, in view of the order passed by the Hon’ble State CDR Commission, the Execution Application No.16 of 2021 is dropped, and the parties are directed to remain present on dtd.29.10.2021 for hearing of the complaint case.”

                 The order dtd. 06.12.2021 is as follows:-

                   “ Record is put up today due to Hon’ble Member is leave on 03.12.2021. Heard the counsel for the petitioner. Perused the order dtd.20.09.2021 in E.A. case No.16/2021 arising out of C.C. No.134/2020 is hereby reviewed. The opposite parties failed to execute the order dtd. 13.08.2021 passed vide Misc. Case No.80/2021 and even none appeared on their behalf. Hence, issue NBW against OP No.1 while directing the IIC,Jagatsinghpur and S.P.,Jagatsinghpur to produce him physically on or before 17.01.2022.”

5.              The aforesaid two orders shows that learned District Commission, without application of judicial mind has passed the order on dtd.06.12.2021 by reviewing the order dtd.20.09.2021 without any reason. It must be remembered that the review order only can be passed if there is apparent error on the face of the record. No such ground is mentioned. Thus, the order dtd.06.12.2021 is set-aside. However, to mitigate the litigation between the parties the statement of account is placed by both the parties. No doubt the OP has paid Rs.1,16,000/- on 12.04.2021, again he has paid in the month of May,2021 for total Rs.58,000/- without making payment in June,2021 and he has paid Rs.52,000/- in July,2021. Thereafter no payment has been made till date. Since, the pandemic period is not over and the learned counsel for the OP submits that without plying the vehicle the complainant is put to harassment, it is just and proper to direct the OP/complainant to pay three EMI amount together within 15 days from today as agreed by the learned counsel for the Op and the petitioner is directed to release the vehicle forthwith. It is further directed that the outstanding EMIs would be decided in the complaint case in due course but after the aforesaid three EMIs paid, the complainant would be continuing to pay the EMIs regularly to the petitioner. It is further made clear that in case of default of EMI, the petitioner would bring the matter to the notice of learned District Commission before repossession or any coercive action taken. Learned District Commission is at liberty to consider the submissions of both the sides and pass necessary order.

6.                      It is apparent that there is no District Commission functioning at Jagatsinghpur now due to vacancy of President/Member. However, the complaint  would be disposed of within 60 days after the President/Members are appointed.

                         The Revision petition is disposed of accordingly.

                          Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this Commission.