C.C. No.269/2022

Sushree Sangita Behera,

W/o. Sudhansu Sekhar Behera,

Vill./P.O.- Titira,

P.S.- Balikuda,

Dist.- Jagatsinghpur.……… Complainant

1. Branch Manager,

Mahindra Finance,

Sahoo Complex, 2^nd Floor,

Bijayachandrapur, Paradip,

Jagatsinghpur- 754142.

2. Managing Director,

Mahindra Finance,

Registered Officer,

Gateway Building Apollo Bunder,

Mumbai- 400001. …..… Opposite parties

For Complainant………..Mr. L.K. Parida, Advocate

For Opposite Parties………..Mr. P.K. Ray & Associates

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

                                                                                        JUDGMENT

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

            “Direct the opposite parties not to repossess the vehicle bearing Regd. No.OD-21-E-6695, supply the copy of loan agreement and exonerate the complaint from overdue amount from any other unnecessary charges and reschedule the rest part of the loan amount and pay compensation Rs.1,70,000/- towards mental agony and cost of litigation”.

            The brief fact of the case is that, the complainant being a lady farmer and her family members depends upon cultivation and its allied activities and they had purchased one Mahindra 575 DI Tractor financed by opposite parties. The complainant being a bonafide consumer of the opposite parties since availing the loan and she has paid much or less to the opposite parties. Due to Covid-19 pandemic situation and poor market condition it is too difficult to pay all the dues. The complainant approached to reschedule the installments as per the RBI guidelines, the opposite parties did not pay any heed and threatened to the complainant to repossess her vehicle without any appropriate reason.    

            Opposite parties have appeared but not filed written version and filed their objection in misc case No.232/2022 stating as under;

            The complainant is a defaulter even after allowing moratorium period of six months and restructuring of the loan amount and as on date the complainant is liable to pay sum of Rs.64,216/- out of which Rs.50,188/- towards installment amount and Rs.14,026/- towards additional interest as on 07.10.2022.

            The complainant’s prayer is of two fold asking for agreement copy which we are allowing, directing the opposite parties to supply the loan agreement copy. The complainant is also directed to pay 50% of pending EMIs within a month and rest EMI to be paid within 6 months thereafter and in case of regular payment of EMIs and payment directed as above the opposite parties may relax some amount in ODI charges. With the aforesaid observation and direction the consumer complaint is disposed of no cost.

            Pronounced in the open Commission on this 25^th October,2024