R.P. 67/2022

          M.C.720/2022

                               Heard learned counsel for  the petitioner.

   2.                        Learned counsel for the petitioner submitted that  the complainant has purchased the vehicle on being financed by the OP-Bank. The complainant did not pay the EMI regularly, for  which the vehicle was repossessed. Thereafter, he filed the  complaint asking for not to sell the vehicle. Learned District  Commission passed order not to sell the vehicle  subject to deposit of certain amount. The complainant paid the amount  admittedly Rs.2,68,800/- and filed a representation to release the vehicle. The OP acted  in obedience   to the order of the learned District Commission did not sell the vehicle. But learned District Commission dtd.11.10.2022 passed the order to release the vehicle  without  hearing   from the OP. Therefore, he challenged the impugned order  and filed the revision petition.

3.               Considered the submission of learned counsel for the petitioner, perused the impugned order and other materials on record.  It is clear from the impugned order dtd.11.10.2022 that earlier the Commission passed the order not to sell the vehicle on public auction subject to payment of EMI and the payment has been  already made. But a representation has been made by the complainant to release the vehicle  and the same was allowed by the learned District Commission. Learned District Commission ought to have considered  same by hearing both the parties before passing the order for release of the vehicle.

  4.                   Therefore, we hereby set-aside the impugned order by directing  the learned District Commission to hear both the parties for release of the vehicle   and pass a speaking  order in the complaint case instead of passing cryptic order. It is further  directed that learned District Commission  would allow both the parties to adduce  evidence, if any before the learned District Commission and dispose of the matter within 45 days from the date of receipt of this order. Both the parties are directed to appear before the learned District Commission on 24.11.2022 to take further instruction.

                         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 webtsite of this  Commission to treat same as copy of order received from this Commission.