ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties the opposite parties not to repossess the vehicle bearing Regd. No.OD-21-L-8421”.
The brief fact of the case is that, the complainant was unemployed and for earn his livelyhood availed a loan from opposite parties for purchase a vehicle. As per the loan cum hypothecation agreement the loan amounting to Rs.30,74,000/- was to be paid along with interest in 56 monthly installments amounting to Rs.72,100/- each, starting from 10.10.2020 and extended till 10.4.2025. The account statement clearly shows that the complainant is not a chronic defaulter of paying EMIs. But for default in paying two EMIs the opposite parties are threatening to repossess the vehicle of the complainant which is harassing by nature and may put the complainant in an unwanted backward situation.
Opposite parties filed written version stating as under;
At the time of availing the present loan the complainant was a service holder drawing his salary/allowances being credited into his SBI bank account on monthly basis. At the time of availing the present loan the complainant was owner of a commercial vehicle bearing Regd. No.OR-21-A-8481. The present commercial vehicle bearing No.OD-21-L-8421 is registered in the name of the complainant. After availing the present loan, the complainant has purchased one more commercial vehicle bearing Regd. No.OD-21-L-8422. Hence the complainant is not a consumer under the definition of consumer under the C.P. Act and this vehicle is not for earning his livelihood. The complainant paid only 10 installments on delayed dates and has stopped paying from the 11th installment due date of which was on 20.8.2021. Due to nonpayment of loan installments the opposite parties has issued advocate notice on 04.12.2021 but there has been no threat for repossession.
Taking into consideration the fact and circumstances of the case we would have dismiss the consumer complaint. But the complainant has already paid considerable amount to opposite parties and ready to repay the loan. We therefore direct the complainant to pay 30% of pending EMIs within 30 days and rest is to be paid along with regular EMI during the agreement period. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
