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
