4). Ordered dated 28.01.2015.
The case record is put up today as it is fixed for hearing and consideration of the petition under section 13 (3-B) of the Cp Act as filed by the petitioner Malaya Kumar Dash, praying for release of the seized vehicle kept under the custody of the Op No. 3. Advocate on behalf of the Ops appeared before the Forum and files V. Nama with objection by filing show cause.
Heard the case from both side, as per the allegation made by the petitioner, he has purchased the vehicle (TATA TIPPER SK 1616-3625) bearing Regd. No. OR-16D-4210 financed from the company of Op No. 3, which the petitioner has been repaying the finance dues to the company and due to medical problems of his wife could not repay some pending dues of EMIs, as a result suddenly on dated 14.01.2015 Op No. 3 through his authorised agent illegally seized the finance vehicle from village Bhasma, hence petitioner has filed complaint petition before this Forum along with an application praying for passing interim order to release the seized vehicle from the Ops. The learned advocate on behalf of the Ops filed objection by stating that, in due course of time the petitioner could not pay the EMIs in time and become chronic defaulter, as a result an amount of Rs.1, 15,917/- as loan outstanding is pending against him.
On perusal of documents available in the record and hearing the case from both side, it is found that, there is medical problem of the wife of the petitioner since near about one year and she was under medical treatment by admitting her as a indoor patient of her gynaecology problem at Purnima Nursing Home, Rourkela. We also satisfied on verification of some bill and voucher along with medical documents available in the records that, there was more money has been incurred as expenditure by the petitioner in that respect. Non payment of balance EMIs to the Op on the ground of medical problem as above can’t be disbelieved in pursuance of filed documents in the records, the period of treatment and the period of defaulted EMIs by the petitioner are same. On verification of account statements in respect to the disputed finance vehicle also it was found, even if there was medical problem of the family of petitioner, he had been repaying some loan dues to the financer irrespective of the date of maturity, which the financer has accepted the same. Hence Considering the fact and circumstances of this case as above, perusal of documents available in the record and hearing the case from both sides, in the present situation looking the apprehension of damage of the vehicle and consent of the petitioner with his interest to the payment of pending outstanding dues is concerned, during pendency of the proceeding of complaint case, it appears in our minds to it necessary to pass interim order to release the seized vehicle of the petitioner is just and proper. Hence the interim petition filed by the petitioner for release of the seized vehicle, TATA SK 1616-3625 bearing Regd. No. OR-16 D-4210 by the Op No. 3 is allowed subject to payment of Rs. 1, 15,917/- as total pending outstanding dues till date in three monthly instalments out of which Rs. 50,000/- as first instalment and equal value of instalments in subsequent months on balance dues be paid within the last date of each respective month with charging no any other dues. The Op No. 3 is also directed to release the aforesaid seized vehicle to the owner of the vehicle within 7 days after receipt of first instalment amounting to Rs. 50,000/- as part of outstanding pending instalments dues by charging no any other dues with execution of proper Zimanama, as the matter is sub-judice before the Dist. Consumer Forum, Sundargarh-1.
Copy served to the Op. No. 3, Branch Manager, Tata Motors Finance Co. Ltd. 1st Floor, Dua Complex, panposh Road, Rourkela, Dist. Sundargarh for favour of information and report for compliance after release the seized finance vehicle.
Accordingly Misc. Case is disposed of.
