Orissa

Kendrapara

CC/146/2023

M/s. JayaDurga Transport - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri Braja Mohan Sarangi

29 Nov 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/146/2023
( Date of Filing : 10 Oct 2023 )
 
1. M/s. JayaDurga Transport
Through its Managing Partner Suvendu Kumar Das S/o- Krushna Chandra Das IRC village,Bhubaneswar Dist-Khurda At Present- Khirod Das Kacheri Road Dist-Kendrapara
...........Complainant(s)
Versus
1. Branch Manager,
State Bank of India Near Capital Police Station Bhubaneswar Dist-Khurda
2. RTO, Chandikhole
At/Po- Chandikhole Dist-Jajpur
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
 Sri R.P.Lenka & Associates, Advocate for the Opp. Party 1
Dated : 29 Nov 2023
Final Order / Judgement

MR. BIBEKANANDA  DAS, MEMBER:-        

            The Complainant has filed the C.C.Case No. 146/2023 U/s.35 of Consumer Protection Act, 2019.Complainant in order to purchase one truck bearing Regd. No. OD-04L-5551took loan from Op No.1 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. 11.10.2023 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 in the vehicle 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 Opposite parties to file objection if any but in the meantime the Opp.Parties are directed not to repossesses the asset(vehicle) bearing Regd. No. OD-04L-5551(Truck) of the Complainant on receipt of 30% pending EMIS only from the Complainant within three weeks(from the date of receipt of this order) and complainant shall pay rest 20% after one month  and Ops are also directed not to take any coercive action against the Complainant in respect to the aforesaid vehicle till dt. 15.11.2023”.    

            The Complainant has not carried out the order passed by this Commission from which it is crystal clear that he has no regard to the order of this Commission & not a resident within the Jurisdiction of this Commission. As such we find no merit in the C.C.Case and is hereby dismissed.

            Mr. B.M.Sarangi, Counsel for Complainant submitted that the Complainant is ready & willing to settle the dispute by availing OTS or OTS (CGTMSE, if applicable). If the Complainant make as an application to Op No.1 for OTS then the same may be considered and 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 there from  and if the Complainant fails to pay and settle the OTS as directed above then the Ops 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.146/2023 along with I.A No. 89/2023 are hereby dismissed and accordingly 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 29th  day of November,2023.            

                              I, agree    

                                      Sd/-                                                      Sd/-

                              PRESIDENT                                         MEMBER   

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

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