C.C. No.401/2022

Sudarsan Swain,

S/o. Hadibandhu Swain,

At- CHA-284, Madhuban,

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

Dist.- Jagatsinghpur.……… Complainant

1. M.D., Poonawala Fincorp Ltd.

Corporate Office-601, 6^th Floor,

Zero one IT Part, Sr. No.7301,

Mandwa Road, Pune- 411036.

2. Branch Manager, Poonawala Fincorp Ltd.

At- 101, Plot No.A1, Nirmala Plaza,

Forest Park, Bhubaneswar,

Dist.- Khurda- 751009.…..… Opposite parties

For Complainant………..Mr. S.K. Naik & Associates

For Opposite Parties……….Mr. C.R. Pradhan, Advocate

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

                                                                                              JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking not to repossess TATA LPT 3718 Truck bearing Regd. No.OD-05-AR-0076 and to supply loan agreement and other documents etc. and pay compensation of Rs.3,60,000/-.

            Complainant took loan of Rs.30,03,453/- on 31.5.2019 to repay in 73 monthly EMI @ Rs.81,916/- commencing from 01.4.2019 to 01.6.2025. 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. Relation between complainant and opposite parties is that of Debtor and Creditor and there is no deficiency of service on the part of opposite parties. After obtaining interim order on 09.12.2022 complainant has not paid any EMI for which the complainant do not deserve any sympathy.

            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 and may charge the fees to that effect. The complainant shall pay his regular EMI and in addition to that pay Rs.50,000/- (fifty thousand) in each month towards pending EMI. For failure to pay regular EMI and additional amount, the opposite parties are free to take action as per rule/law/agreement. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.  

            Pronounced in the open Commission on this 15^th March,2024.