Heard learned counsel for  both sides.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in nutshell is that the complainant in order to maintain his livelihood for self-employment has purchased a vehicle bearing Registration No. OR-09K-5767 being financed by the OPs – Company for a sum of Rs.4,50,000/- with EMI fixed at Rs.16,200/- payable from February, 2013 to October, 2016. Complainant alleged inter alia that he has already paid Rs.4,34,320/- till November, 2016. However, it is alleged that in October, 2016 the OPs insisted for further payment of loan amount of Rs.9,07,092.51 including different charges levied by the OPs – Company. It is alleged that the OPs threatened to seize the vehicle by demanding the above amount. So, the complaint was filed.

4.      OPs filed written version stating that the complainant has obtained loan and he became defaulter from time and again. Since there is an arrear already accumulated against the complainant, the vehicle is liable to be repossessed. Since the complainant is a defaulter no relief should be passed.

5.      After hearing both the parties, the learned District Forum passed the order which is as follows:-

                             “xxx   xxx   xxx

            The petitioner is hereby directed to pay the OP a sum of Rs.4,53,346/- (Four lakh fifty three thousand three hundred forty six only) towards his complete repayment and in getting money the OP is to issue NOC instantly without any demur.

(i) The OPs is also to supply the documents, keys or any other securities taken during course of finance.

(ii) The above term of order to be complied within 45 days of this order, failing @6% interest per annum will accrued on each side on the entire amount till realization.

(iii) No order as to compensation and cost.

(iv) The interim order passed is hereby vacated.”

6.      Learned counsel for the appellant submitted that  the statement of account has not been  filed and there is no any justification to direct for payment of 50% of the arrears. Learned District Forum ought to have considered all these facts and circumstances. Therefore, he submitted that since issue has not been framed and documents have not been assessed properly, the impugned order should be set aside by remanding the matter to the learned District Forum for fresh hearing.

7.      Learned counsel for the respondents also  contending that there is no hypothecation agreement filed before the learned District Forum and he is ready to file the same. Moreover, the reason for reaching 50% payment made by the complainant is just an observation without any document supporting them. However, he submitted to dismiss the appeal.

8.      Considered the submission of learned counsel for    the respective parties and perused the DFR including the impugned order.

9.      Admittedly, the vehicle was purchased by the complainant being financed by OP No.2. It is also not in dispute that the same documents are still to be perused. Considered the documents. It appears from the impugned order that the learned District Forum has not framed issue which is  required for disposal of the complaint case. Moreover, the complainant admitted to have not filed necessary documents. At Para – 18 of the impugned order, it reveals that 50% reimbursement has been allowed by the learned District Forum without any basis. So, we think it proper to give opportunity to both the parties to adduce further evidence before the learned District Forum and the learned District Forum is directed to pass the impugned order afresh in accordance with law.

10.    In view of aforesaid discussion, the impugned order is set aside and the matter is remanded to the learned District Forum to give opportunity to both the parties to adduce evidence do denovo hearing of case and dispose of the same in accordance with law within a period of 60 days from the date of receipt of this order. Both the parties are directed to appear before the learned District Forum on 25.10.2022 to take further instruction from it.

          DFR be sent back forthwith.

Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.