Heard learned counsel for the appellants. None appears for the respondent.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in nutshell is that the complainant has purchased a Tata Mini Truck by availing loan of Rs. 3,30,000/- from the OPs  on condition to repay the same in 59 instalments. Complainant has purchased the vehicle from OP No.1. As loan amount was not paid the vehicle was repossessed on 12.7.2006. In spite of request the vehicle was not released. So the complainant filed the complaint.

4.      OPs filed written version stating that the complainant has already made agreement with OP Nos. 2 and 3 to pay back the loan in 59 instalments. But as on 12.7.2006, complainant only paid Rs.88,700/- whereas there was outstanding of Rs.1,66,225/- against him. So the vehicle was repossessed as per the agreement. There is no any deficiency in service on the part of the OPs.

5.      After hearing both parties, the learned District Forum passed the following order:-

                             “xxx   xxx   xxx

            Hence ordered tht the complaint petition is allowed in part and the opp.parties 1 & 2 being jointly and severally liable are directed to hand over the vehicle in question to the complainant with roadworthy condition and to make a fresh agreement with the complainant by deducting Rs.98,700/- + Rs.12,000/- from the total loan amount of Rs.3,30,000/- and to refix the interest on the newly loan amount arrived at. The opp.parties 1 & 2 are further directed to pay Rs.20,000/- towards compensation and Rs.5,000/- towards cost of litigation to the complainant. The above directions are to be complied by the OPs 1 & 2 within 6 weeks from the date of despatch of this order.”

6.      Learned counsel for the appellants submitted that learned District Forum has committed error in law by passing the impugned order which is nothing but rewriting of the contract between the parties. It is settled in law that rewriting of contract by the court is impermissible. Apart from this since there is default in payment of loan, the vehicle was repossessed but the learned District Forum has failed to understand such fact. So, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for the appellants and perused the DFR including the impugned order.

8.      It is admitted fact that the complainant has purchased the truck by availing loan from OP Nos. 2 and 3 and it was purchased from OP No.1. It is also admitted fact that the there is agreement between the parties to pay the loan in 59 instalments.

9.      We have gone through the hypothecation agreement. It is clear from the agreement that the vehicle can repossess only after issuance of notice to the defaulter. Although it is the claim of the OPs that on 12.7.2006, there was outstanding of Rs.1,66,225/- but no notice appears to have been issued to the complainant to pay the same. It is settled in law that the vehicle cannot be repossessed without service of notice. In the instant case, no notice has been proved to show that prior to seizure same has been served on the complainant. Therefore, repossession of vehicle on 12.7.2006 is illegal. However, the operative portion of the impugned order is clear to show that the learned District Forum tried to rewrite the agreement between the parties. The rewriting of the contract by the parties at the instance of the authorities is impermissible. Therefore, when the repossession is illegal, the vehicle can only released to the complainant after which the loans are to be cleared. Therefore, the operative portion of the impugned order is modified with a direction to the OPs to release the vehicle with running condition and receive EMIs from the respondent as per agreement.

10.    The appeal is disposed of accordingly. No cost.

         DFR be sent back forthwith.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.