Orissa

Kendrapara

CC/116/2023

Subhajit Sahoo - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri Bijaya Kumar Parida

02 Apr 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/116/2023
( Date of Filing : 07 Aug 2023 )
 
1. Subhajit Sahoo
S/o- Giridhari Sahoo At/Po-Alapua, Via-Indupur Ps-Pattamundai Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Indusind Bank At-Market Complex NH-5, Chandikhole Po-Sunguda Dist-Jajpur
2. Manager,
Indusind Bank manorama Estate, Manorama Chambers Plot No.107, 1st Floor, Bamikal Bhubaneswar
Odisha
3. Manager,
Indusind Bank, Corporative office, 8th Floor, Tower-1 One India Bulls Centre 841,S.B. Marg, Elphin Stone Road, Mumbai-400013
4. Manager,
Indusind Bank Regd.Office-2401, Gen, Thimaya Road (Cantonemet) Pune-411001
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Bijaya Kumar Parida, Advocate for the Complainant 1
 Sri Rajendra Kumar Sahoo & Associates, Advocate for the Opp. Party 1
Dated : 02 Apr 2024
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT :-

          Complainant has filed the C.C.Case No. 116/2023 U/s-35 of Consumer Protection Act, 2019 seeking not to repossess PIAGGIO APE XTRA LD BS IV bearing Regd. No.OD-29D-7679 and to supply statement and No Objection Certificate (NOC) and pay compensation of Rs.1,70,000/-.

            Complainant took loan of Rs. 1,90,000/- on 08.09.2017 to repay in 73 monthly EMI @ Rs.6,025/-commencing from 15.10.2017 to 15.10.2023. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief.

            The matter was already under adjudication before Learned Arbitrator & Complainant has participated but suppressing the said fact has filed C.C. In the meantime final award by Learned Arbitrator has been passed which has been communicated to Complainant as such this Commission has no jurisdiction to entertain the C.C.

            Accordingly the C.C. Case No. 116/2023 is devoid of any merit & 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 3rd   day of April,2024.

                            I, agree.

                                Sd/-                                                           Sd/-

                          MEMBER                                                 PRESIDENT   

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

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