Date of Filing: 03.10.2024

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: JAGATSINGHPUR

Present:

                        1. Mr. P. K. Padhi          ………………..        President

                        2. Mrs. M. Swain            ……………….        Member

                                                                    C.C. No.219/2024

Pradipta Kumar Barik,

S/o. Prafulla Kumar Barik,

At- Jagannath Prasad, Akhuapada,

Dist.- Bhadrak,

At Present- C/o. Sumanta Panda,

Jayapur, Jagatsinghpur...…….Complainant

                          (Versus)  

1. Branch Manager,

Hinduja Leyland Fin Co. Ltd.,

Near Sarangi Clinic, Link Road,

P.O.- Arunodaya Market,

Dist.- Cuttack.

2. RTO, Bhadrak,

At/P.O./Dist.- Bhadrak.…..… Opposite parties

For Complainant………..Mr. B.M. Sarangi, Advocate

For O.P. No.1 ………..Mr. M.C. Swain, Advocate

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                      JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of C.P. Act, 2019 seeking following relief;

            “Direct the opposite parties to release the vehicle bearing Regd. No.OD-22-U-2335 and settlement of loan account in OTS scheme and pay compensation Rs.50,000/- towards loss of business Rs.50,000/- towards mental agony and Rs.20,000/- towards cost of litigation.”

            Brief fact of complainant is that, the complainant purchased a vehicle (Truck) bearing Regd. No.OD-22-U-2335 being financed by opposite parties No.1. The complainant already paid Rs.1,57,757/- out of loan amount of Rs.34,94,394/- and as per order of Hon’ble High Court of Orissa balance due to be paid is Rs.4,60,000/-. On 22.8.2024 the opposite party No.1 without notice forcibly seized the vehicle and complainant contacted the opposite party and interested to pay all the installments regularly, but the opposite party is not accepting the amount and not releasing the vehicle.

            Opposite parties No.1 has filed their written version stating as under;

            This complainant petition is not maintainable before this Hon’ble Commission because the present petitioner filed another case before High Court of Orissa vide WPC No.22984/2024 against the same parties and on the same cause of action. After hearing Hon’ble High Court disposed off the said case on 13.9.2024. Challenging to that order the opposite parties preferred an Appeal vide Writ Appeal No.2924/2024. Now the said appeal is under subjudice before High Court of Orissa.  The complainant availed finance of Rs.34,94,394/- with interest for an amount of Rs.11,21,700/- and total agreement value of Rs.46,16,094/-. The said finance amount was to be repaid by the complainant in 60 monthly installments @ Rs.79,588/- from 07.5.2021 to 07.02.2026. As per statement of account it is clearly shows that, the complainant is a regular defaulter. As on November, 2024 the total outstanding amount of Rs.4,20,000/-. Before repossession the opposite parties intimated to Tangi police station on 22.8.2024 and with the help of police the opposite parties repossessed the vehicle.

            We asked counsel for both the parties whether the procedure for repossession has been followed or not in repossessing the vehicle and it was submitted by both parties that the procedure for repossession has not been followed.

            In normal course we would not have interfered in the matter but taking into account the interest of both parties we direct the complainant to pay regular EMIs + Rs.20,000/- on the due date of payment of EMI. The complainant shall not be a defaulter as promised, so we direct if the complainant fails to pay EMI on the due date he shall pay Rs.200/- per day to opposite parties after the due date of EMI to the opposite parties. the complainant has already paid Rs.1,57,757/- as on 18.9.2024 i.e. 50% of pending due as on the date of repossession. So the opposite parties shall release the vehicle within 3 days from the date of receipt of this order. If the opposite parties fail to release the vehicle within 3 days after receipt of the order then opposite parties shall pay Rs.2,000/- per day to complainant after 3 days of receipt of the order and complainant shall pay 1^st EMI + Rs.20,000/- within 3 weeks from the d ate of release of the vehicle.  

            We found that the agreement/contract period is up to 07.62026 and pending dues is around Rs.4,20,000/- up to November, 2024.

After release of vehicle the complainant shall pay his regular EMI with additional Rs.20,000/- in each and every month on or before the date of payment of EMI. If the complainant fails to pay EMI with additional Rs.20,000/- for each day of delay in payment of EMI or part there of then the complainant shall pay Rs.200/- per day in addition to EMI for each month  of defaulted EMI. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 29^th Nov.,2024.