Orissa

Kendrapara

CC/25/2024

S.K.D. Associates - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri Braja Mohan Sarangi

01 Oct 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/25/2024
( Date of Filing : 26 Feb 2024 )
 
1. S.K.D. Associates
Proprietor, Suvendu Kumar Das S/o- Krushna Chandra Das At-Pradhanpada, Po- Gopinathpur Ps-Jagatpur, Dist:-Cuttack At Present residing C/o- Khirod Das At- Kacheri Road,
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Cholamandalam Inv Fin Serv. Ltd. At/Po-Link Road, Dist- Cuttack
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Susmita Mishra PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Braja Mohan Sarangi, Advocate for the Complainant 1
 Sri Madhab Ch. Swain & Associates, Advocate for the Opp. Party 1
Dated : 01 Oct 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 & Op is that of Debtor and creditor and there is no element of deficiency in service. As such Complainant has not come to this Commission in clean hand and cannot be termed as a consumer.

Final award under Arbitration and Conciliation Act-1996 has been passed on 04.11.2022 i.e, much prior to filing of this case before this Commission on dt. 26.02.2024. As such the consumer complainant is not maintainable and liable to be dismissed.

Counsel for Complainant submitted that he wants to settle the loan in OTS. Taking a lenient view we direct the Op to consider the OTS application sympathetically in accordance with Rules.

The C.C.Case  No. 25/2024 is hereby dismissed and accordingly disposed off. No order as to Cost.

                         Issue extract of the order to the parties concerned.   

           Pronounced in the open Commission, on this the 1st day of October,2024.            

                              I, agree,

                                      Sd/-                                                            Sd/-

                                PRESIDENT(I/C)                                         MEMBER

 
 
[HON'BLE MRS. Susmita Mishra]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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