Orissa

Jagatsinghapur

CC/79/2022

Pradipta Ranjan Das - Complainant(s)

Versus

The Mnager Cholamandalm Investment & Finance Co.Ltd. - Opp.Party(s)

Mr.C.Mishra

13 Oct 2022

ORDER

                                                                                                     JUDGMENT

 

            This Commission in misc case No.67/2022 arising out of C.C. No.79/2022 vide order dtd.19.4.2022 directed as under.

            Heard the advocate for the complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed to release the asset (vehicle) bearing Regd. No.OD-29-F-8677, Chassis No.MB1 KAKHD 2 KPJG4289, Engine No.JWPZ 155650 of the complainant on receipt of March, 2022 EMI from the complainant within 15 days (from the date of receipt of this order) and not to demand repossession and stockyard charges and also not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.05.5.2022. Complainant also directed to make regular payment of EMI to the opposite parties.

            As per order dtd.19.4.2022 complainant deposited Rs.21,000/ which is a part of one EMI for which opposite parties did not accept the same for which complainant deposited the D.D. before this Commission on 05.5.2022.

            It is submitted by counsel for complainant that he has deposited Rs.28,000/- on 31.3.2022 towards the EMI of March, 2022 and rest Rs.21,000/ deposited in shape of D.D. which was not accepted by the opposite parties. This Commission had directed to release the vehicle on receipt of EMI of March, 2022. This Commission vide order dtd.01.6.2022 directed as under.

            Advocate for the complainant take no steps. Advocate for opposite parties filed objection. Copy not served. Heard the opposite parties. Advocate for the complainant is found absent on repeated call. Considering the facts and circumstances advocate for the complainant deposited a draft worth of Rs.21,000/- in favour of opposite parties but as regards the rest amount (he is) silent in his memo. Perused the materials found on record it is clear that an amount of Rs.1,62,096/- is pending outstanding EMIs against the complainant. Hence we direct to the complainant to pay 30% of unpaid EMIs i.e. Rs.1,62,096/- within 20 days from the date of order and the stock yard charges and repossession charges, and also pay the future EMIs regularly. Hence the opposite parties are directed to release the asset (vehicle) bearing No.OD-29-F-8677 after receipt of 30% of unpaid EMIs as on the date of payment and not to take any coercive action against the complainant in respect of aforesaid vehicle till disposal of consumer complaint.

            Since the opposite parties have accepted Rs.28,000/-  on 31.3.2022 towards the EMI of March, 2022, they ought to have been released the vehicle on receipt of rest amount i.e. Rs.48,977/ Rs.28,000/  Rs.20,977/- and complainant has deposited Rs.21,000/ in shape of bank draft but the vehicle has not been released.

On 01.6.2022 advocate for complainant was absent and did not take any step and on submission made by counsel for opposite parties in this Commission. It was directed that the complainant shall pay 30% of unpaid EMIs i.e. Rs.1,62,096/. Since this Commission has already passed order and opposite parties have not carried out the order of 19.4.2022 even after depositing the amount for which complainant has deposited the D.D. counsel for opposite parties Mr. M.C. Swain is directed to take the D.D. dtd.05.5.2022 bearing No.170940 and to deposit the same immediately with opposite parties. Opposite parties are directed to release the vehicle immediately and the amount as directed on 01.6.2022 shall be paid within three months in four installments. If the complainant shall not obey the order passed by this Commission, the opposite parties shall take action as per law. The complainant is maintaining his livelyhood by engaging himself in the vehicle, so the complainant shall not be harassed by opposite parties within six months after release of vehicle as he has been deprived of the vehicle for six months since the opposite parties have not carried out order of 19.4.2022 and not released the vehicle the opposite parties are imposed with cost of Rs.5,000/-. Since the vehicle is in the custody of opposite parties in violation of the order of this Commission. The stock yard charge and repossession charge from 02.5.2022 till release of vehicle shall not be claimed by opposite parties.  With the aforesaid observation and direction the consumer complaint is dispose of.