C.C. No.185/2022

Jitendra Kumar Swain,

S/o. Suresh Chandra Swain,

Vill./P.O.- Bhutamundai,

P.S.- Paradeep Lock,

Dist.- Jagatsinghpur.                                                     ………. Complainant     

                         (Versus)

1. M.D., Axis Bank Ltd.

Trisul, 3^rd Floor, Law Garden,

Ellisbridge, Ahmadabad,

2. Branch Manager, Axis Bank Ltd.

Plot No.501, Centre Point,

Bhubaneswar- 751001.…..… Opposite parties

For Complainant………..Mr. M.C. Swain, Advocate

For Opposite Parties……….Mr. P.K. Rout & Associates

ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                               JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking not to repossess TATA LPT 4225 BSVI Truck bearing Regd. No.OD-05-BA-2962 and to supply loan agreement, reschedule the loan excluding overdue charges and other documents etc. and pay compensation of Rs.3,60,000/-.

            Complainant took loan of Rs.35,81,775/- on 03.02.2021 to repay in 59 monthly EMI @ Rs.77,413/- commencing from 01.3.2021 to 01.01.2026. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. There is not a single scrap of paper from complainant asking opposite parties to supply the aforesaid documents for which we find no merit in the consumer complaint and any deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement. Relationship between complainant and opposite parties is that of Debtor and Creditor.

            However taking a lenient view we dispose of the consumer complaint directing the opposite parties to supply the loan agreement copy and any other document as required by complainant available with opposite parties. The complainant shall pay his regular EMI and in addition to that pay Rs.20,000/- (twenty thousand) in each month towards pending EMI and clear the entire pending dues as per agreement. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.  

            Pronounced in the open Commission on this 8^th August,2024.