Since you have stated that you have already filed a consumer case with the appropriate consumer forum / court, you may request the consumer court to pass an interim order of stay or modification of the EMI under the powers vested in such court under Section 13(3-B) of the Consumer Protection Act, 1986, which is reproduced below:
“(3-B) Where during the pendency of any proceeding before the District Forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.”
Though this provision relates to the District Consumer Forum, this power can be exercised also by the State Consumer Forum under Section 18 and by the National Commission under Section 22 of the said Act. So, depending upon in which consumer court your case is pending, you can move an application.
Please check with your advocate whether he filed such an application for an interim order when filing your original consumer case. If not, file it now by contacting your lawyer.
You should not stop paying EMI unless you get an interim order or some other final order from any competent court or tribunal. You cannot take such suo motu decision. Of course, you may negotiate / discuss with the bank concerned, and if they agree to stop or reduce the EMI, then it is a different thing. Otherwise, you should not stop the EMI on your own, and it is advisable first to get an interim order from the consumer court, or other competent court, such as the civil court having jurisdiction, for this purpose.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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