C.C. No.142/2024

Pramod Kumar Das,

S/o. Debendra Kumar Das,

Vill.- Eradanga,

P.O.- Nalibar,

P.S.- Tirtol,

Dist.- Jagatsinghpur...…….Complainant

                              (Versus)

1. HDFC Bank Ltd., 

Having its Corporate Office at

HDFC House, H.T. Parekh Marg,

165-166, Backbay Reclamation,

Church Gate, Mumbai- 400020,

Represented through its

Chairman-cum-Managing Director.

2. The Branch Manager, HDFC Bank Ltd.,

At/P.O./P.S./Dist.- Jagatsinghpur- 754103.     

3. R.T.O., Bhubaneswar-1,

At- Bhoinagar, Acharya Vihar,

Bhubaneswar- 751022.…..… Opposite parties

For Complainant………..Mr. C.R. Pradhan & Associates

For O.P. No.1 & 2 ………..Miss. S. Pattanaik & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                           JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to release the vehicle and rephrase the balance loan dues in suitable installments, refund the deposited amount including the down payment and EMIs, pay compensation Rs.2,00,000/- towards mental agony and Rs.20,000/- towards cost of litigation”.

            The brief fact of the case is that, complainant being aggrieved by auction of his vehicle has field the consumer complaint. As per our order the opposite parties have already cancelled the auction and ready to return the vehicle provided the complainant pays the up-to-date fore closure amount with 2 EMIs in advance as the complainant is a defaulter, which in our considered opinion is not just and proper.

            The counsel for opposite parties further submits that the vehicle was auctioned prior to receipt of notice of this Commission and after receipt of the notice the auction has been cancelled but the complainant has not paid the up to date amount.  

            The counsel for complainant submitted that opposite parties are harassing the complainant by not receiving the D.D. but there is no proof to that effect.

            In view of the undisputed fact and the complainant being a defaulter of loan and the relationship between complainant and opposite parties is that of Debtor and Creditor, we simply dispose of the consumer complaint directing the opposite parties to intimate the up to date pending EMIs up to 30.9.2024 plus one EMI on or before 20.9.2024. The complainant shall pay the up to date EMIs, plus one EMI and 50% of the repossession charge on or before 30.9.2024. After releas0e of vehicle the complainant shall pay his regular EMI without break, failing which the opposite parties are at liberty to repossess the vehicle after giving opportunity of being heard in accordance with rules. If the complainant pays his EMI regularly then opposite parties shall not threaten and taken any coercive action against complainant. With the aforesaid observation and direction the consumer complaint is disposed of. No cost. 

            Pronounced in the open Commission on this 12^th Sept.,2024.