Orissa

Kendrapara

CC/71/2023

Jitendra Samal - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri Jitendra Rout & Associates

03 Jan 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/71/2023
( Date of Filing : 24 May 2023 )
 
1. Jitendra Samal
S/o- Rusibar Samal At/Po- Narsinghpur Ps-Pattamundai Dist-Kendrapara
Odisha
2. Sahadeb Parida
S/o- Udayanath parida At-Dihapada ps-Pattmundai Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Indusind Bank At- Rout Market Complex NH-5, chandikhol Po-Suguda Dist-Jajpur
Odisha
2. Corporate Office,
8th Floor, Tower-1 One Indiabulls Centre, 841 S.B.marga Elphinstone Road, Mumabi
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Jitendra Rout & Associates, Advocate for the Complainant 1
 Sri Rajendra Kumar Sahoo & Associates, Advocate for the Opp. Party 1
Dated : 03 Jan 2024
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT:-

          Complainant has filed the C.C.Case No. 71/2023 U/s-35 of C.P.Act, 2019 & a defaulter of loan has approached this Commission seeking exemption of amount imposed by Ops & cost of Rs. 50,000/- for mental agony and Rs. 10,000/- towards cost of litigation.

            Agreement period was from dt. 03.11.2019 to dt. 30.08.2023 and Complainant has availed 5 months moratorium i.e, w.e.f 01.03.2020 to 31.07.2020 as such the extended period shall expiry in Jan-2024.

            Complainant is defaulter of loan. The relation between Complainant & Ops is that of Debtor and Creditor and earlier order dt. 24.05.2023 passed in I.A. No. 38/2023 in which it was directed not to take any coercive action is vacated and if there is any pending dues to be paid by Complainant within the extended agreement period on the basis of moratorium period and if complainant pays the pending dues maximum overdue interest (as for as possible) shall be deducted from the pending dues.

             With the aforesaid observation and direction that, the C.C.Case No. 71/2023 along with I.A. No. 38/2023 are accordingly disposed off. No order as to cost. 

           Pronounced in the open Commission, on this the 3rd  day of January,2024.

                            I, agree.

                              Sd/-                                                        Sd/-

                         MEMBER                                           PRESIDENT

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

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