Orissa

StateCommission

RP/23/2022

M.D., Cholamandalam Investment & Finance Co. Ltd - Complainant(s)

Versus

Draupadi Pradhan - Opp.Party(s)

Mr. A.K. Samal

18 May 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/23/2022
( Date of Filing : 25 Apr 2022 )
(Arisen out of Order Dated 11/04/2022 in Case No. CC/77/2022 of District Jagatsinghapur)
 
1. M.D., Cholamandalam Investment & Finance Co. Ltd
Corporate Office Dare House,1, Floor No.2, NSC Bose Road, Chennai, Tamilnadu.
2. B.M., Cholamandalam Investment and Finance Co. Ltd.,
Sreema Construction Building, Naya Chowk, Madhupatna, Cuttack.
3. B.M., Cholamandalam Investment and Finance Co. Ltd.,
At- Bijaychandrapur(Near IFFCO Chhak), Po/PS- Paradeep, Dist- Jagatsinghpur.
...........Appellant(s)
Versus
1. Draupadi Pradhan
D/o- Manardhar Behera, At- C.H.A. 278, Madhuban, Po/Ps- Paradeep, Dist- Jagatsinghpur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudihralaxmi Pattnaik MEMBER
 
PRESENT:Mr. A.K. Samal, Advocate for the Petitioner 1
 
Dated : 18 May 2022
Final Order / Judgement

 

         Heard learned counsel for the petitioners.

2.      Learned counsel for the petitioner submitted that learned District Commission, Jagatsinghpur has passed ex parte order without hearing the OPs and at the same time, passed ex parte interim order against the OPs   not to repossess the asset  (vehicle) bearing Registration No. OD-21H-3078 and not to take any coercive action against the vehicle of the complainant. He further submits that the complainant is in arrear  of Rs. 3,72,326/- towards EMI dues. So, he submitted that the impugned order should be set aside and liberty be given to the OPs to hear on the interim application.

3.      Considered the submission of learned counsel for the petitioners and   perused the impugned order. There is no defect in exercising the jurisdiction by the learned District Commission. But when there is arrear pending against the complainant, the impugned order passed by the learned District Commission is defective by passing such order without any condition imposed on the complainant. Therefore, the revision petition is disposed of by revising the impugned order to the extent that the OPs shall not take any coercive action against the complainant and the vehicle subject to deposit of Rs.1,00,000/- by the complainant with the OPs within four weeks from the date of receipt of this order.

4.      The revision petition is disposed of accordingly.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudihralaxmi Pattnaik]
MEMBER
 

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