Orissa

Kendrapara

CC/83/2023

Muna Patra - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri B.M. Sarangi & Associates

30 Jul 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/83/2023
( Date of Filing : 27 Jun 2023 )
 
1. Muna Patra
S/o- Raghab Patra At-Sukati Mining Chhak, Ps-Sadar Dist-Keonjhar At Present resinding- C/o- Purna Ch. Panda Kacheri Road, At/Po/Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Indusind Bank Ltd. Keonjhar Branch At/Po/Dist-Keonjhar
Odisha
2. State Head,
Indusind Bank Ltd. At-Rasulgarh, Bhubaneswar Dist-Khurda
Odisha
3. R.T.O., Keonjhar
At/Po/Dist-Keonjhar
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri B.M. Sarangi & Associates, Advocate for the Complainant 1
 Sri Rajendra Kumar Sahoo & Associates, Advocate for the Opp. Party 1
Dated : 30 Jul 2024
Final Order / Judgement

MR. BIBEKANANDA DAS, MEMBER :-

         Complainant owner of multiple of vehicles and co-borrower in multiple loans/vehicles and defaulter of loan cannot be termed as a consumer as defined U/s-2(7) of C.P.Act, 2019. Relationship between complainant & Ops is that of Debtor and creditor and there is no element of deficiency in service. As such Complainant has not come in clean hand and cannot be termed as a consumer.

       Counsel for Complainant submitted that he has filed the writ petition against the order of Learned Arbitrator, which has no connection with the C.C. Hence we heard the C.C. on merit.

      Counsel for Complainant submitted that he wants to settle the loan in OTS. Taking a lenient view we direct the Ops to consider the OTS application sympathetically in accordance with Rules. Accordingly the C.C.Case No. 83/2023 is hereby dismissed. No order as to Cost.

                         Issue extract of the order to the parties concerned.   

           Pronounced in the open Commission, on this the 30th  day of July,2024.            

                                  I, agree

                                       Sd/-                                                     Sd/-

                                PRESIDENT                                         MEMBER  

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

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