Orissa

StateCommission

RP/115/2023

RASHMITA KHATUA - Complainant(s)

Versus

HINDUJA LEYLAND FINANCE LTD - Opp.Party(s)

Smt. Sarada Das

18 Sep 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/115/2023
( Date of Filing : 05 Sep 2023 )
(Arisen out of Order Dated in Case No. CC/202/2023 of District Cuttak)
 
1. RASHMITA KHATUA
W/O -SAIRANJAN PRADHAN , AT/PO-PODAMOAEI , PS-MAHANGA , DIST-CUTTACK, 754206
CUTTACK
ODISHA
...........Appellant(s)
Versus
1. HINDUJA LEYLAND FINANCE LTD
DEVELOPED INDUSTRIAL ESTATE , GUINDY , CHENNAI,
CHENNAI
TAMIL NADU
2. Hinduja Leyland Finance Ltd.,
27A, Developed Industrial Estate, Guindy Chennai, represented through its Managing Director.
3. Hinduja Leyland Finance Ltd.,
3rd Floor, Arundeo Market, Link Road, Shankarpur Colony, Dist- Cuttack.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER
 HON'BLE MR. Hemanta Kumar Mohanty MEMBER
 
PRESENT:Smt. Sarada Das, Advocate for the Petitioner 1
 Mr. A.K. Samal, Advocate for the Respondent 1
Dated : 18 Sep 2023
Final Order / Judgement

       This revision petition has been filed challenging the interim order dated 10.8.2023 passed by the learned District Commission, Cuttack in CC No. 202 of 2023.

2.      Learned counsel for the revision petitioner and the OP are present. Heard learned counsel appearing for the parties.

3.      On the consent of both the parties the revision petition is taken up for final disposal.

4.      Learned counsel for revision petitioner submitted that order dated 10.8.2023 passed in complaint case directing the opp.party  to release the vehicle subject to payment of 50% of outstanding dues by the complainant. Further submitted that vide Annexure – 4 to revision petition filed an application for modification of order dated 10.8.2023 allowing the complainant to deposit 25% of the outstanding dues.

5.      Learned counsel for the opp.partyMr.A.K.Samal submitted that complainant has filed an application before the learned District Commission, undertaking to pay 50% of the outstanding dues till date and to deposit the rest 50% of the outstanding after release of the vehicle.

6.      Learned counsel for the OP vehemently objected and submitted that as per the undertaking made by the complainant the payment should be made to the OP.

7.      In view of such fact, we dispose of the revision petition with a direction to the revision petitioner to file such application for modification of order dated 10.8.2023 before the learned District Commission and if such application is filed, the learned District Commission shall hear the same and dispose of the petition in accordance with law. In the meantime, the OP is directed not to sell the vehicle in question of the petitioner without leave of learned District Commission.

8.      The 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. Dilip Kumar Mohapatra.]
PRESIDING MEMBER
 
 
[HON'BLE MR. Hemanta Kumar Mohanty]
MEMBER
 

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