Orissa

Kendrapara

CC/9/2023

Anil Kumar Nayak - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri P.K.Mohanty

04 Oct 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/9/2023
( Date of Filing : 19 Jan 2023 )
 
1. Anil Kumar Nayak
S/o- Late Alekh Chandra Nayak At-Brundaban Colony Plot No. 3/20, Po-Paradeep Dist-Jagatsinghpur. Present Residing- At/Po- Laxminarayanpur Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Mahindra & Mahindra Financial Services Ltd. at- 1st Floor, Unit-1 Nandighosh arena GA-1, Plot No. 1246 Bapuji Nagar, Bhubaneswar
Odisha
2. Managing Director,
Mahindra & Mahindra Financial Services Ltd. Regd. Office- 2nd Floor, Sadhana House Behind Mahindra tower, 570 P.B.marg, Worli,Mumbai-400018
3. Branch Manager,
Mahindra & Mahindra Financial Services Ltd. Sahoo Complex At- 2nd Floor, Near IFFCO Chhak, Paradeep Po/Ps-Paradeep Dist-Jagatsinghpur
Odisha
4. Regional Transport Officer,
Cuttack Near Collectorate, Po- Chandini Chowk Ps-Lalbag cuttack-753002
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri P.K.Mohanty, Advocate for the Complainant 1
 
Dated : 04 Oct 2023
Final Order / Judgement

MR. BIBEKANANDA  DAS, MEMBER:-         

                   Complainant has filed the consumer complaint U/s-35 of Consumer Protection Act, 2019 seeking not to repossess AURA 1 2 MT KAPPA S bearing Regd. No.OD-05-BB-2867 and to supply loan agreement, Account statement and to  reschedule the loan, not to misutilise blank signed cheques and pay compensation of Rs. 3,60,000/-.

            Complainant took loan of Rs. 6,00,000/- on 30.07.2021 to repay in 60 monthly EMI @ Rs.14,000/-commencing from 05.09.2021 to 05.08.2026. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. There is not a single scrap of paper from complainant asking opposite parties to supply the aforesaid documents or relief for which we find no merit in the consumer complaint and any deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement.

            However taking a lenient view we dispose of the consumer complaint directing the opposite parties to supply the loan agreement copy and any other document as required by complainant available with opposite parties and may charge the fees to that effect. The complainant shall pay his regular EMI and in addition to that Rs. 20,000/- in each month towards pending EMI. For failure to pay regular EMI and additional amount, the opposite parties are free to take action as per agreement/ rule/law. With the aforesaid observation and direction the C.C.Case No. 9/2023 alongwith I.A.No. 2/2023 are accordingly disposed of. No order as to cost.

                         Issue extract of the order to the parties for compliance.   

      Pronounced in the open Commission, on this the 4th  day of October,2023

                         I, agree.

                            Sd/-                                                         Sd/-

                       PRESIDENT                                             MEMBER

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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