Today is fixed for  hearing of the petition filed by the complainant side u/s 38 (8) of Consumer Protection Act, 2019 for granting an order of ad interim injunction against the op nos. 1 to 3.

The complainant/ applicant has filed hazira and ld. Lawyer for the complainant is found ready.

Heard and considered submission.

It is the main point of contention and argument of the complainant/ applicant side that the complainant had purchased A Golden Colour vehicle no. WB-16AY8819 (TATA TIAGO) XZ DSE, having Chasis No. MAT626181JKB20682, Engine No. 1.05LCR02BRYW09731 and in the matter of purchasing the said vehicle the op no. 1 which is a financial company has given financial assistance to the complainant. According to the argument of complainant side the ops handed over the said vehicle on 29.3.2019 but the papers and documents have not been handed over by the ops to the complainant as yet. As per case and argument of the complainant side the complainant/ applicant has paid EMI from May 2019 to March 2022 but due to non delivery of vehicle documents the complainant has been compelled to stop the payment of EMI. It is alleged that the ops are causing threat to the complainant/ applicant and also making attempt for removing the said vehicle from the possession of the complainant/ applicant. For all these reasons the complainant side has prayed before this Commission for passing an ad interim order of injunction restraining the op nos. 1 to 3 to take possession of the vehicle till the disposal of this case.

On the background of the above noted facts and points of argument this District Commission after making scrutiny of the documents filed in C.C. no. 146 of 2022 finds that the complainant/ applicant has paid the EMI @ Rs. 10,262/- in favour of op no. 1 and it is also crystal clear that the said vehicle is now under the possession of the complainant. The papers and documents filed by the complainant/ applicant is going to depict that there is a prima facie case in favour of the complainant/ applicant and balance of convenience and inconvenience is also in favour of the complainant/ applicant side and there is also urgency of passing such order of ad interim induction immediately otherwise the main purpose of filing such application would be defeated by delay.

Considering all the above noted factors the prayer of the complainant for passing an order of ad interim injunction restraining the op nos. 1 to 3 from taking away the said vehicle from the possession of the complainant is allowed but on condition that the complainant/ applicant shall continue to deposit the EMI amount of Rs. 10,262/- in each and every month otherwise this order is to be recalled.

The op nos. 1 to 3 are hereby restrained by an order of injunction from taking possession of A Golden Colour vehicle no. WB-16AY8819 (TATA TIAGO) XZ DSE, having Chasis No. MAT626181JKB20682, Engine No. 1.05LCR02BRYW09731 from the custody of complainant/ applicant until further order.

In the light of the observation made above the M.A. case no. 23 of 2022 is allowed but without imposing any cost.

Thus, the M.A. case no. 23 of 2022 is disposed of.

Let this case record of M.A. case no. 23 of 2022 be tagged along with the case record of C.C. case no. 146 of 2022.