Orissa

Kendrapara

CC/172/2023

Subash Chandra Mohapatra - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri Braja Mohan Sarangi

26 Jun 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/172/2023
( Date of Filing : 14 Nov 2023 )
 
1. Subash Chandra Mohapatra
S/o- Praffula Chandra Mohapatra At-Hatasahi, Bolagarh Dist-Khurda At present- C/o- Sanjaya Kumar Mallick At/Po-Aul Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Tata Motor Fin Ltd. Behind Keshari Takies, Bhubaneswar
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 Sangram Keshari Naik & Associates, Advocate for the Opp. Party 1
Dated : 26 Jun 2024
Final Order / Judgement

MR. PRAVAT KUMAR PADHI,PRESIDENT :-         

               Complainant has filed the C.C.Case No. 172/2023 U/s-35 of Consumer Protection Act, 2019 seeking not to repossess Tipper bearing Regd. No.OD-02AS-1971 and release the same in favour of Complainant.

            Complainant took loan on 27.08.2022 to repay in 45 monthly EMI @ Rs.47,100/-commencing from 02.10.2022 to 02.06.2026. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. The Arbitrator has issued notice U/s-17 of Arbitration & Conciliations Act on dt. 17.11.2023 i.e after filing of C.C.  The Complainant is a defaulter of loan. Relationship between Complainant and Ops is that of Debtor and Creditor. We find no 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 complainant to pay his regular EMI and in addition to that pay Rs.20,000/- (twenty 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 agreement/rule/law.

                With the aforesaid observation and direction the C.C.Case No. 172/2023 alongwith I.A 111/2023 are accordingly disposed of. No order as to cost.                         

                                Issue extract of the order to the parties for compliance.   

      Pronounced in the open Commission, on this the 26th  day of  June ,2024.

                         I, agree,                         

                            Sd/-                                                    Sd/-

                        MEMBER                                        PRESIDENT   

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

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