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 to hand over the vehicle Hero Splendor Plus bearing Regd. No.OD-M-7997 after receiving the outstanding two EMIs amounting to Rs.4,088/- and pay Rs.10,000/- towards deficiency of service and Rs.10,000/- towards mental agony and litigation expenses”.
The brief fact of the case is that, the complainant purchased a motorcycle being financed by opposite parties on 09.9.2021. As per condition as enunciated in the agreement out of ten months of purchase of the vehicle the complainant has deposited eight EMIs and due to her various ailments she was confined to bed and was unable to move outside, hence there is a default of about two installments which is amounting to Rs.4,088/-. On 28.7.2022 when the complainant’s husband finishing his official work returning to his house opposite party No.2 forcibly took away the vehicle from the custody of the complainant’s husband. The opposite party No.2 on 29.7.2022 served a notice with a caption subject “PRE SALE NOTICE” to the complainant demanding to pay Rs.56,523/- or else they will initiate a sale proceed of the vehicle. As aforesaid when as per the agreement the complainant is agreed for an EMI of Rs.2,044/- same was further agreed upon by the opposite party No.2 and the demand of Rs.50,523/- at a time is quite unjust, improper and not at all sustainable in the eye of law.
Opposite parties filed their written version stating as under;
The complainant had taken a loan of Rs.55,000/- from the opposite parties on 14.9.2021 for purchasing a Hero Splendor Plus and had agreed upon all terms and conditions of the said agreement to repay the loan in 36 installments, amount Rs.2,044/- per EMI starting from 05.10.2021 to 05.9.2024. The complainant is a habitual defaulter and substantial amount is due from the vehicle in question. The complainant did not pay the outstanding amount, for which the opposite party decided to sale that vehicle so they send a presale notice as per the guideline.
Facts of the case are not disputed. The complainant has not paid the EMI regularly and the same is also not disputed. The complainant has also not paid any installment after release of the vehicle is also not disputed. As regards maintainability there is also no objection from the complainant for which we would have dismissed the consumer complaint. However taking a linnet view we direct the complainant to clear the up to date due Emi within 02 months and in that case 50% of the additional interest charges shall be relaxed by the opposite parties and rest amount to be paid within the agreement period. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 21st July,2023.
