Heard Mr A.K.Nath, learned counsel for the revision petitioner.

2.      Learned counsel for the revision petitioner submitted that on 27.11.2019 on the approach by the present petitioner, learned District Commission directed not to take any coercive action against the complainant because the complainant alleged inter alia that he has purchased the vehicle being taken on loan from the OP and the OP was threatening to repossess the same. He further submitted that opportunity was given to the OP to place the matter but he did not appear as it appears from the order dated 8.1.2021. However, in the meantime, the vehicle was repossessed by the OP in spite of complying of the directions of the learned District Commission by the complainant. Furtehr, he submits that since the order of the learned District Commission has been violated and OP is about put to vehicle auction, he has filed a petition before the learned District Commission to stay the auction of the vehicle but the learned District Commission passed the following order:-      

“The IA Misc. Case is posted today for consideration. Adv. For the complainant present. Due to want of Quorum the IA Petition cannot be consider. The Lady member completed her terms of service on 17.04.21. Put up on dtd.21.05.2021 for further order.”

3.      In view of the above order, he submits that if the vehicle is sold on auction, then the filing of the complaint has become infructuous.

4.      In view of the submission made above by the learned counsel for the petitioner and after perusal of the earlier impugned order, this Commission is of the view that President in charge of the District Commission is available although no other Member has been appointed so far. When there is matter of exigencies like this, the learned District Commission can exercise power on interim matter by taking aid of section 36 read with section 64 of the Consumer Protection Act, 2019 (hereinafter called the Act). Instead of exercise of the jurisdiction, the learned District Commission has expressed inability to pass any order. Since the order in question is revisable, this Commission inclined to interfere in this revision basing on the facts stated by the learned counsel for the petitioner in the above paras.

5.      Since the lockdown period is continuing and COVID – 19 has resurging upward, the action taken by the OP is not appropriate and legal one. Therefore, the auction sale of the vehicle be stayed till the matter is adjudicated by the learned District Commission at their level so far interim petition is concerned. Hence, the OP is directed not to put the vehicle into auction sale and both parties are directed to present before the learned District Commission on 2.6.2021 and the learned District Commission would hear them and pass necessary order on the interim petition.

The revision petition is disposed of accordingly.

          Supply free copy of this order to the respective parties.