Orissa

StateCommission

RP/17/2022

M/s. Cholamandalam Investment & Finance Ltd - Complainant(s)

Versus

Ashok Das - Opp.Party(s)

M/S R.K.Pattanaik & Assoc.

11 Mar 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/17/2022
( Date of Filing : 22 Feb 2022 )
(Arisen out of Order Dated 02/11/2021 in Case No. CC/49/2021 of District Baleshwar)
 
1. M/s. Cholamandalam Investment & Finance Ltd
Dare House No.2, NSC Bose Road, Parrys, Chennai.
...........Appellant(s)
Versus
1. Ashok Das
S/o- Rajanikanta Das, Bhagichaturai, Basta, Dist- Balasore.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MS. Sudihralaxmi Pattnaik MEMBER
 
PRESENT:M/S R.K.Pattanaik & Assoc., Advocate for the Petitioner 1
 
Dated : 11 Mar 2022
Final Order / Judgement

 

             Learned counsel for the Petitioner is present. He submitted  with affidavit that  notice was issued to the OP but he was refused to accept. Since, the affidavit is filed, the service of summon is held sufficient.

           Heard the learned counsel for the petitioner. He submitted the ex-parte order was passed by District Commission dtd.02.11.2021  directing  OP  not to repossess the vehicle. He submitted that the petitioner wanted to make assurance and file written version but the learned District Forum is not functioning  due to want of President/Member. Therefore, he submitted to pass appropriate order in this revision. The  EmI is not paid regularly by the petitioner.

        Considered the submission of learned counsel for the petitioner. It appears that the OP has avoided to attend this Commission but at the same time took advantage  of the ex-parte order passed by the learned District Commission. It is stated by the learned counsel for the petitioner that there is outstanding of Rs.1,05,610/- till 15th February,2022. Perused the impugned order. The impugned order does not show directing complainant to pay the EMI regularly which is a pre-condition for not taking coercive action. Therefore, while not questioning the jurisdiction to pass  ex-parte impugned  order, this Commission hereby revised  that order directing the complainant to deposit Rs.50,000/- with the petitioner within a period of 30 days  from the date of receipt of copy of this order,  failing which the OP is at liberty to repossess the vehicle in terms of agreement made between the parties. Learned counsel for the petitioner is directed to  place the copy of order before the learned District Commission and also serve certified copy of this order on the OP by 21st March,2022. 30 days will be computed from the date of service of copy on the complainant.

           The revision petition is disposed of accordingly.

            Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MS. Sudihralaxmi Pattnaik]
MEMBER
 

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