Orissa

Jagatsinghapur

CC/218/2021

Saroj Kumar Swain - Complainant(s)

Versus

The Manager Poonawalla Finance Ltd - Opp.Party(s)

Mr.C.Mishra

21 Sep 2022

ORDER

            In order dt.21.6.2022 we have directed as under;

         “Complainant was paid a vehicle loan amount of Rs.22,78,928/- in respect of vehicle bearing Regd. No.OD-05-Y-7771 to maintain his livelyhood.

            As on date complainant has paid Rs.27,40,258.71 paisa + Rs.65,000/- & has outstanding of Rs.5,85,673/-, loan was taken on 30.11.2016 and the period of contract (agreement) expired on 01.6.2022. The loan was to be repaid in 60 installments then it will be 66 installments after moratorium period amounting Rs.51,700/-. So far the complainant has paid 57 installments and 09 EMIs left to be paid by 01.6.2022.

            The complainant admitted the dues to be paid and due to his poor financial condition he could not pay the amount for which prayed for some time to be given to clear the dues.

            It is submitted by the counsel for complainant Mr. C. Mishra that complainant has deposited Rs.65,000/- as per order of this Commission but the vehicle has not been released.

            Taking into consideration of the plight of complainant and passage of one month more time it is directed to the opposite parties to release the vehicle forthwith on receipt of another two installments from the complainant immediately. If the vehicle shall not be released immediately after depositing another two installments, then the opposite party No.1 shall appear in person before this Commission on 18.7.2022.

            Put up this case on 18.7.2022. It is made clear that there is no need for personal appearance, if the order shall be carried out.”

            Both the counsels were present and heard on 21.6.2022 and after hearing the said order was passed. But it is the habit of the conducting counsel (Bank) appears before Hon’ble State Commission that the counsel for opposite parties were not heard and even in fresh admission cases when ex-parte order is passed there is no chance of this Commission to know who is the Advocate of which organization and notice was issued to opposite parties after which they appears. This Commission vide order dt.18.7.2022 directed as under;

            “Complainant is absent. The opposite parties filed the order of Hon’ble State C.D.R. Commission, Odisha, Cuttack vide order dt.12.7.2022 in R.P. No.44/2022 has been pleased to pass following order;

            Considered the submission of learned counsel for the petitioner and perused the impugned interim order. After hearing the petitioner, we deem it just and proper to dispose of the revision petition with direction to the petitioner to raise the all above contentions before the learned District Commission who shall consider the same by rehearing both the parties on the interim petition and pass speaking order in accordance with law. The petitioner is directed to produce copy of this order before the learned District Commission, Jagatsinghpur on 18^th July, 2022 to take further instruction from it. Till then interim order will not be given effect to.

            The counsel for opposite parties Mr. M.C. Swain is present and heard. Mr. Swain submitted that Rs.11,00,297.79 is due on the complainant and the vehicle in question bearing Regd. No.OD-05-Y-7771, Engine No.CTPZ141947, Chassis No.MH1KACFDOGPTW1546 is in their possession since dtd.24.3.2022.

            Complainant is directed to pay 30% of arrear dues as on the date of payment and the vehicle shall be released on payment of 30% of arrear due as on the date of payment.”

            Considering the submission of both sides and series of litigations and the complainant is managing his livelyhood by engaging himself on the vehicle and maintaining his family and the vehicle is in the custody of opposite parties since last six months and being damaged and being detoriated.  Considering the plight of complainant and deposit of Rs.65,000/- as per order dt.29.3.2022 we direct the opposite parties to release the vehicle immediately on payment of two more installments and not to take any coercive action for four months after release of the vehicle and the complainant shall try his level best to clear the loan/pending EMIs as soon as possible.

            Accordingly the consumer complaint and misc case is disposed of. No cost.