Orissa

StateCommission

RP/75/2023

Kotak Mahindra Bank Ltd., - Complainant(s)

Versus

Adhira Kumar Parida - Opp.Party(s)

M/S D.P.Tripathy & Assoc.

19 Jul 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/75/2023
( Date of Filing : 04 Jul 2023 )
(Arisen out of Order Dated 22/06/2023 in Case No. CC/197/2023 of District Jagatsinghapur)
 
1. Kotak Mahindra Bank Ltd.,
Having its registered office at- 27 BKC, C 27, G Block, Bandra, Kurla Complex, Bandra, Mumbai.Regional Office at- 7th Floor, Block-C, Apeejay House, Park Street, Kolkata.Branch office at- Plot No.184, Kharvel nagar, Unit-III, Bhubaneswar, Dist- khurda.
...........Appellant(s)
Versus
1. Adhira Kumar Parida
S/o- Shuleswar Parida, At- Beunla, Tirtol, Dist- Jagatsinghpur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER
 HON'BLE MR. Hemanta Kumar Mohanty MEMBER
 
PRESENT:M/S D.P.Tripathy & Assoc., Advocate for the Petitioner 1
 Mr. B.M. Sarangi, Advocate for the Respondent 1
Dated : 19 Jul 2023
Final Order / Judgement

           Pursuant to the notice issued through Special Messenger, Mr. Braja Mohan Saraangi, Advocate  has entered appearance and has filed Vakalatnama on behalf of opposite party (complainant). Let the same be kept on record.

             On consent of parties and looking into the limited nature of the prayer, the matter is taken up for final disposal.

             Heard both the parties.

             It is submitted by the Revision Petitioner that the total amount of outstanding is Rs.1,35,991/- (excluding overdue and penal charges) at the time of the repossession of vehicle bearing Regd. No. OD-21-J-2128 on 09.06.2023.

             Learned counsel for the Revision Petitioner is aggrieved by the ex-parte order of the learned District Commission, Jagatsinghpur in directing to release the vehicle bearing Regd. No. OD-21-J-2128 of the complainant on receipt of 30% of unpaid EMIs immediately and another 20% of the outstanding amount to be paid after one month from the date of release of the vehicle.

             Heard learned counsel for both the parties.

             We have gone through the record.

             Taking a holistic view of the matter, in our considered opinion since the complainant has already paid Rs.32,000/- to Kotak Mahindra Bank Ltd.  (a Xerox copy of the D.D. has been filed to that effect), in the interest of justice, we direct upon the complainant depositing Rs.40,000/- (Rupees Forty Thousand) within seven days of receipt of certified copy of this order with  Kotak Mahindra Bank Ltd. in the loan account of the Vehicle bearing Regd. No. OD-21-J-2128, the vehicle shall be released forthwith. The opposite party-borrower (complainant) shall go on paying the EMIs regularly. Non-fulfilling of any condition stipulated as above, the financier (petitioner) is at liberty to take action in accordance with law.

             Revision Petition is disposed of accordingly.

 
 
[HON'BLE MR. Dilip Kumar Mohapatra.]
PRESIDING MEMBER
 
 
[HON'BLE MR. Hemanta Kumar Mohanty]
MEMBER
 

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