Orissa

Kendrapara

CC/68/2022

Mr. Abdul Sahajan - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Self

27 Sep 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/68/2022
( Date of Filing : 17 Nov 2022 )
 
1. Mr. Abdul Sahajan
s/o- Abdul Rauf Khan C/o- Shaik Abdul Dayan At- chatra Po- Gadijang Ps-Patkura Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
State Bank of Inida At- Sri Nilakantheswar Saibapitha Trust, Uttarkul Po- Dharibil Via- Tyendakura Ps-Kishore Nagar Dist-Cuttack Pin-754134
Odisha
2. Jiban Jyoti Pradhan, SBI Branch, Uttarkul
Asutosh Associate, Recovery Officer, Agency, State Bank of Inida At- Sri Nilakantheswar Saibapitha Trust, Uttarkul Po- Dharibil Via- Tyendakura Ps-Kishore Nagar Dist-Cuttack Pin-754134
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Self, Advocate for the Complainant 1
 Sri Ashok Samantaray & Associates, Advocate for the Opp. Party 1
Dated : 27 Sep 2023
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT:-

                   Complainant has filed C.C.Case No. 68/2022 U/s-35 of C.P.Act,2019 before this Commission seeking following relief:

                “ Hon’ble Commission may kindly issue necessary direction to the Ops to release the vehicle & compensation for the gross deficiency in service of Ops and also to direct the Ops pay damages for seize the vehicle without notice & without a chance to hear the unemployed consumer which mental pain & suffering”.

                 Complainant & Ops are customer and Banker and cause of action arose  due to non-payment of installments/Bank dues and it is not in dispute that the Complainant is a defaulter. A defaulter of loan is not a consumer and there is no deficiency in service on the part of Ops and no case is made out under C.P.Act and there is no such pleading.

              Both parties are present & Heard and it is submitted by both parties that Complainant shall make an application to the Ops for OTS and Ops shall consider and take liberal view  and settle the dispute in accordance with rules and the Complainant shall abide by the terms of settlement.             

            With the aforesaid observation the C.C.Case No. 68/2022 alongwith I.A. No. 25/2022 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 27th   day of September,2023

                         I, agree.

                            Sd/-                                             Sd/-

                        MEMBER                                  PRESIDENT

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

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