In this petition, the petitioner have challanged the ex parte interim order dated 28/06/2016 passed U/s. 13(3)(B) of C.P. Act by the learned District Forum, Keonjhar in C.C. case no.24 of 2016, wherein the petitioners were directed to release the JCB BACKHO LOADER machine bearing Regd. no. OD 09 D 3833 in favour of the opp. party on payment of Rs. 1,00,000/- 

Learned counsel for the petitioners submits that the opp. party is not a consumer as he engaged the aforesaid vehicle for commercial purpose. As per his own version in the consumer complaint he was given the vehicle on hire. He further submits that before seizing the vehicle, the opp. party was noticed to make payment of the outstanding amount, but he did not do so. thereafter, the vehicle was seized on 13.06.2016 and the contract period was terminated on 28.06.2016.

Learned counsel for petitioners further more submits that EMIS of Rs. 1, 36,000 was pendind against the opp. party while machine was seized, So, without hearing the lerned counsel for the petitioners/opp. parties , the District Forum passed the interim ordr which is illegal.

In our view, it would meets the ends of Justice if the petitioners are directed to release the repossessed machine on receiving payment of rs. 1,36,000/- from the complainant/opp. party.

Accordingly, it is ordered that if the opp. party deposits Rs. 1,36,000/- with petitioner no.1 within four weeks from the date of receipt of the order the latter shall release the repossessed machine immediately without delay. So, the order of the District Forum is modified to this extent only. The District Forum shall hear the Consumer Complaint no. 24 of 2016 and dispose of  the same expeditiously preferrably within two months from the date of receipt of this order.