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;

            “Punish the opposite parties for illegal confinement of the vehicle bearing Regd. No.OD-04-N-0813 and O.P. No.1 & 2 pay Rs.20,000/- towards mental agony and litigation expenses”.

            The brief fact of the case is that, the complainant purchased a vehicle being financed by opposite party No.1 & 2. The complainant suffered various diseases and not pays some EMI regularly. On 14.11.2021 opposite party No.2 seized the vehicle at the same time there was an outstanding of Rs.70,000/- only.  The opposite party No.2 sent a letter on 20.12.2021 demanding outstanding of Rs.1,69,449/- and on 25.01.2022 same is calculated up to Rs.28,75,265/-. The said calculation and assessment purely irrelevant and misrepresentation of fact.

            Opposite party No.1 filed written version stating as under;

            The complainant purchased a vehicle financed by opposite party bank of Rs.28,83,000/- on 16.4.2019. The complainant is the currently owner and co-borrower of 03 nos. of commercial vehicle and directly involved with the bank in execution of 04 nos. of loan contract as borrower/co-borrower. Since the very beginning of loan, the complainant started defaulting in payment thereby violating the terms and conditions of the loan agreement and did not remit the loan installment on due dates specified as per the repayment schedule of the loan agreement executed between the opposite party bank and complainant. Finding no alternative the opposite party bank had issued several demand notices to the complainant including the last notice dt.18.12.2021 by Regd. Post with AD with a request to pay the outstanding amount of Rs.27,64,337/- or surrender the asset. Even after sending several letters subsequent to taking possession of the asset the complainant has intentionally avoided for payment and since he did not show or evidenced any interest for getting the vehicle released by discharging his liability, as per process the opposite party bank proceeded for valuation of the aforesaid vehicle  along with one paper advertisement in Odiaya daily newspaper edition dtd.11.3.2022 and the hypothecated vehicle has been disposed of for the best market price on 29.3.2022 for the final sale consideration of Rs.11,60,000/-. However, post adjustment of the sale realization as on the date the complainant is liable to pay sum of Rs.17,98,718/- as calculated up to 14.6.2022 towards full and final settlement of the loan.

            Counsel for complainant is absent. Heard Mr. U.C. Sethi counsel for opposite party No.1.

            The complainant is owner of 03 commercial vehicles and notice for auction was sent and there is also paper publication, which the complainant has suppressed before this Commission and not come to this Commission with clean hand. Hence the interim order dtd.27.5.2022 stands vacated and the consumer complaint is dismissed. No cost.