C.C. No.24/2024

Bijaya Kumar Senapati,

S/o. Batakrushna Senapati,

At- Qtr. No.412,

GJAI Colony, Madhuban,

P.O./P.S.- Paradeep,

Dist.- Jagatsinghpur...…….Complainant

                       (Versus)

1. M.D., HDFC Bank Ltd.,

Regd. Official Bank House,

Senapati Bapat Marg,

Lower Parel (West),

Mumbai- 400013.

2. B.M., HDFC Bank Ltd.,

At- A/62/1, Unit-8, Nayapalli,

Bhubaneswar- 751012.

3. B.M., HDFC Bank Ltd.,

IFFCO Chowk, Paradeep,

Jagatsinghpur- 754142.                                       …..… Opposite parties                 

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

For Opposite Parties………..Mrs. S. Pattnaik & Associates

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

                                                                                          JUDGMENT

            Complainant at the outset prays that he wants to clear the entire dues and opposite parties may be directed to consider the same.

Counsel for opposite parties vehemently opposed the prayer and submitted that the agreement period is already over and award has been passed.

            We find no deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement as against the loan of Rs.­­­­­­­­­­­25,20,000/-. Complainant has already paid more than Rs.27,00,000/- whereas complainant has to pay some further amount of Rs.5,94,269/- besides overdue but due to default in paying EMI in time by complainant the opposite parties are threatening to repossess the vehicle.

            However taking a lenient view we dispose of the consumer complaint directing the opposite parties to settle the dispute as complainant has already paid substantial amount and ready to settle the loan. We find that complainant has already paid substantial amount. So we direct that the opposite parties shall consider the grievance and deduct 50% of the overdue/additional interest etc. and settle the claim, if the complainant pay 30% within 15 days and rest due amount in 6 monthly EMI and then 50% of ODI amount shall be deducted and there after entire ODI shall be paid in one installment and thereafter NOC shall be issued by the opposite parties. Till the exercise of aforesaid process the opposite parties shall not take any coercive action against vehicle and if NOC will not be issued after clearance of entire dues after deducting the 50% (overdue interest/addl. interest etc.) of the amount then the opposite parties shall pay Rs.500/- per day after 45 days of clearance of entire dues. The opposite parties are directed to intimate the 30% amount to be paid within 10 days after receipt of the order from the complainant and complainant shall pay the same within 5 days. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

           Pronounced in the open Commission on this 6^th April,2024.