Orissa

Kendrapara

CC/98/2023

Phoolchand Mishra - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri Braja Mohan Sarangi

07 Nov 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/98/2023
( Date of Filing : 11 Jul 2023 )
 
1. Phoolchand Mishra
S/o-late Doodnath Mishra At-Flat No. 205, Floor proof Road, Balasore At present residing- C/o- Kishore Muduli At/Po- Kacheri Road Dist-Kendrapara
...........Complainant(s)
Versus
1. Branch Manager,
Sundram Fin Ltd. Balasore Branch At/Po/Dist- Balasore
Odisha
2. RTO, Bhubaneswar
At/Po-Bhubanewar 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
 Sri Rajendra Kumar Sahoo & Associates, Advocate for the Opp. Party 1
Dated : 07 Nov 2023
Final Order / Judgement

MR. BIBEKANANDA  DAS, MEMBER:-       

         Complainant has filed the C.C.Case No. 98/2023 U/s.35 of Consumer Protection Act, 2019 seeking not to repossess his container bearing Regd. No.OD-02AS-0769 and to produce loan account statement and pay compensation as per law.

          Complainant took loan Rs. 21,50,000/- on 06.01.2018 to repay in 74 monthly EMI @ Rs.45,600/-commencing from dt. 17.03.2018 to 17.10.2024. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. Relation between Complainant & Ops is that debtor and Creditor and there is no element of deficiency in service. Complainant is also owner of multiple vehicles. So he cannot be termed as a consumer. We find no merit in the consumer complaint and any deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement.

            However taking a linnet view we dispose of the consumer complaint directing the opposite parties to supply the account statement as required by complainant and may charge the fees to that effect. The complainant shall pay his regular EMI and in addition to that pay Rs.30,000/- (thirty thousand) in each month towards pending EMI. For failure to pay regular EMI and additional amount, the opposite parties are free to take action as per rule/law.

          With the aforesaid observation and direction the consumer complaint case No.98/23 along with I.A No. 54/23 are disposed of. No cost.

                         Issue extract of the order to the parties for compliance.   

           Pronounced in the open Commission, on this the 7th  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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