Orissa

Kendrapara

CC/8/2024

Surendra Moharana - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Sri L.K.Sahu& Associates

03 Apr 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/8/2024
( Date of Filing : 24 Jan 2024 )
 
1. Surendra Moharana
S/o- Harihara Moharana At-Kulasar, Ranapur, Dist-Nayagarh, At Present residing C/o-Sanjaya Ku. Mallick At-Aul, Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Hinduja Leyland Fin Ltd. Rasulgarh Branch, Bhubaneswar Dist- Khurda.
Odisha
2. R.T.O, Bhubaneswar-1
Dist- Khurda
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri L.K.Sahu& Associates, Advocate for the Complainant 1
 Sri Duryodhan Mohapatra & Associates, Advocate for the Opp. Party 1
Dated : 03 Apr 2024
Final Order / Judgement

MR. BIBEKANANDA  DAS, MEMBER:-       

              Complainant has filed the C.C.Case No. 8/2024 U/s.35 of Consumer Protection Act, 2019 seeking not to repossess vehicle (Truck) bearing Regd. No.OD-02BC-2882 and to supply loan agreement and other documents etc. and pay compensation of   Rs. 2,00,000/-.

            Complainant took loan on of Rs. 26,50,620/- on 31.3.2019 to repay in 53 monthly EMI @ Rs.66,013/-commencing from 15.5.2019 to 15.9.2023. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. Complainant is a defaulter of loan as per agreement.

            Taking a linent view we dispose of the consumer complaint directing the complainant to pay 50% of pending  EMI minus the amount already paid  and the Complainant shall pay rest 50% within 4 months in 4 installments. For failure to pay the Opposite parties are free to take action as per rule/law/agreement and the Ops are directed to release the vehicle forthwith after receipt of  50% as stated above, the Ops shall release the vehicle immediately. Since the vehicle is in the custody of Ops for four months, we have given Four(4) months time to repay the loan by the Complainant to the Ops..

With the aforesaid observation and direction the C.C.Case No. 8/2024 & I. A. 6/2024 are  accordingly  disposed off.

                            Issue extract of the order to the parties for compliance.   

      Pronounced in the open Commission, on this the 3rd  day of  April ,2024

                         I, agree.

                            Sd/-                                                            Sd/-

                       PRESIDENT                                             MEMBER       

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

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