Orissa

Kendrapara

CC/191/2023

Lipun Kumar Pradhan - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri Braja Mohan Sarangi

09 Jan 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/191/2023
( Date of Filing : 06 Dec 2023 )
 
1. Lipun Kumar Pradhan
Lipun Kumar Pradhan, S/o- Arun Kumar Pradhan At-Brahmanipal, Dist-Deogarh, Badamba, At Present residing C/o-Sanjaya Ku. Mallick At-Aul, Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Branch Manager, HDFC Bank Ltd. Nayapallai Branch Bhubaneswar, Dist- Khurda.
Odisha
2. RTO, Bhubaneswar
Dist-Khurda
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Braja Mohan Sarangi, Advocate for the Complainant 1
 Subhashree Pattanaik & Associates, Advocate for the Opp. Party 1
Dated : 09 Jan 2024
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT :-

               Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking rules of Hundai Creta 1.5 E CRDI MT BSVI (Car) bearing Regd. No.OR-02-BQ-9310 and to pay compensation of Rs.1,00,000/-.

            Complainant took loan of Rs. 9,59,344/- on dt. 09.03.2021  to repay in 84 monthly EMI @ Rs.12,787/-commencing from 07.04.2021 to 07.03.2028. Complainant failed to pay and violated the agreement for which vehicle was repossessed on dt. 05.12.2023 and complainant has filed the consumer complaint seeking aforesaid relief. Complainant is a defaulter of loan as per agreement and relation between complainant & Ops is that Debtor & creditor and there is  no deficiency in service on the part of Ops.

            Complainant submitted that he has already deposited Rs. 40,000/- on dt. 08.12.2023 and ready to pay 20% remaining outstanding immediately and also shall pay regular EMI. The rest 50% of the EMI outstanding as on today to be paid @ Rs. 10,000/- per month along with the regular EMIs. The Op-Bank vehemently opposed the submission and requested to reject the complaint case.

            However taking a lenient view and submission of counsels for complainant, we dispose of the consumer complaint directing the opposite parties to release the vehicle on payment of reaming 20% of pending EMI out of 50% as on today and then on the same day the vehicle shall be released by the Op-Bank. The complainant shall pay his regular EMI and in addition to that pay Rs.10,000/- (ten thousand) in each month towards pending EMI outstanding as on today and also the complainant would  pay Rs. 5000/- towards stockyard charges at the time of release of vehicle. In the event of failure towards compliance of the above order by the Complainant, the opposite parties are free to take action as per agreement / rule / law.

           With the aforesaid observation and direction the C.C.Case No. 191/2023 along with I.A Case No. 126/2023 are accordingly disposed off. No order as to cost.

                                 Issue extract of the order to the parties for compliance.   

               Pronounced in the open Commission, on this the 9th  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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