Orissa

StateCommission

RP/11/2023

M.D . Axis Bank Ltd - Complainant(s)

Versus

Gyanendra Jena - Opp.Party(s)

M/S P.Choudhury & Assoc.

06 Feb 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/11/2023
( Date of Filing : 27 Jan 2023 )
(Arisen out of Order Dated 28/12/2022 in Case No. CC/423/2022 of District Jagatsinghapur)
 
1. M.D . Axis Bank Ltd
3rd Floor Law Garden , Ellisbridge , Ahmedabad , Gujurat
2. Branch Manager , Axis Bank Ltd
Plot No. 501 , 2nd Floor Unit 3 Kharaval Nagar , Bhubaneswar 751001
...........Appellant(s)
Versus
1. Gyanendra Jena
Tikarpanda , Gatanai , Marsaghai , Kendrapara
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/S P.Choudhury & Assoc., Advocate for the Petitioner 1
 
Dated : 06 Feb 2023
Final Order / Judgement

              Heard the learned counsel for the petitioners.

2.      Learned counsel for the petitioners submitted that the learned District Commission,Jagatsinghpur has passed the order on 28.12.2022 U/S 38(8) of C.P.Act,2019 in Misc. Case No. 357 of 2022 arising out of CC No. 423 of 2022 for not repossessing the vehicle on receipt of two EMIs. He further submitted that Rs.4,24,134/- is outstanding against the complainant as on  25.01.2023. The learned District Commission  without any reason has passed the order  not to repossess the vehicle subject to deposit of two EMIs out of five EMIs. Since there is heavy amount as  outstanding, the  direction to pay two EMIs is not  rational ground.  He submitted that the impugned order passed by the learned District Commission be revised so far payment of  two EMIs and not to repossess the vehicle.

3.      Considered the submission. Perused the impugned order. We are not inclined to interfere with the impugned order. Since there is direction to deposit two EMIs,we hereby modify the same by asking  the complainant to pay 3 EMIs instead of two EMIs out of five EMIs within a period of 15 days from today but  regular EMI should  be paid.

4.      Revision petition is disposed of accordingly.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.       

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

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