MR. BIBEKANANDA  DAS, MEMBER:-        

            The Complainant has filed the C.C.Case No. 169/2023 U/s.35 of Consumer Protection Act, 2019.Complainant in order to purchase one Excavator JCB Chasis No. RAJJCB30J02845414 & Engine No. 518635E taking loan from Op Party in the district of Khurda but without any proof of residence has filed the present C.C.Case within the jurisdiction of this Commission. This Commission vide order dt. 15.11.2023 directed as under-

            “Heard the advocate for the Complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. The Complainant is maintaining his livelihood by engaging himself and in case the vehicle/asset will be repossessed, he will suffer irreparable loss. Considering the genuine grievances and taking into consideration the circumstances, issue notice to the Op Party to file objection if any but in the meantime the Op Party are directed not to repossesses the asset(JCB Machine) bearing Chasis No. RAJJCB30J02845414 & Engine No. 518635E as Complainant already paid substantial amount & his application form OTS is not yet been consider. For which the Op Party is direct not to take any coercive action against the Complainant in respect to the aforesaid JCB Machine till dt. 21.12.2023”.    

            The Complainant is not a resident within the Jurisdiction of this Commission & owner of multiple vehicles. As such we find no merit in the C.C.Case.

            Mr. B.M.Sarangi, Counsel for Complainant submitted that the Complainant is ready & willing to settle the dispute by availing OTS (CGTMSE, if applicable). Complainant has made  an application to Op Party  on dt.16.08.2023 for OTS but the same has not been considered. The amount to be paid may be intimated to Complainant by Ops within 7 days of receipt of this order and Complainant shall pay the entire amount within 15 days therefrom  and if the Complainant fails to pay and settle the OTS as directed above then the Op Party are free to take action in accordance with provision of law/rules/regulations governing the field. With the aforesaid observation and direction the C.C.Case No.169/2023 along with I.A No. 108/2023 are disposed off.  No order as to cost.

                                   Issue extract of the order to the parties for concerned.   

           Pronounced in the open Commission, on this the 13^th  day of March,2024.            

                              I, agree    

                                      Sd/-                                                      Sd/-

                              PRESIDENT                                         MEMBER