Orissa

Kendrapara

CC/118/2023

Shantilata Swain - Complainant(s)

Versus

M.D. Axis Bank Ltd. - Opp.Party(s)

Sri Madhab Charan Swain & Associates

13 Dec 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/118/2023
( Date of Filing : 08 Aug 2023 )
 
1. Shantilata Swain
D/o- Natabar Swain At-Dekani, Po- Patalipanka Ps-Marshaghai Dist-kendrapara
Odisha
...........Complainant(s)
Versus
1. M.D. Axis Bank Ltd.
Trisul, 3rd Floor, law Garden Ellisbridge Ahmadabad
Gujarat
2. Branch Manager,
Axis Bank Ltd. Plot No. 501, Centre Point, 2nd Floor, unit-3 Kharvel nagar Bhubaneswar-751001
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Madhab Charan Swain & Associates, Advocate for the Complainant 1
 
Dated : 13 Dec 2023
Final Order / Judgement

MR. BIBEKANANDA  DAS, MEMBER:-

          Complainant has filed the C.C.Case No. 118/2023 U/s-35 of Consumer Protection Act, 2019 seeking not to repossess Venue Car bearing Regd. No.OD-05-AZ-0523 and to supply loan agreement and other documents like account statement etc. and reschedule the loan pay compensation of Rs.2,90,000/-.

            Complainant took loan of Rs. 9,09,911/- on 28.12.2020 to repay in 60 monthly EMI @ Rs.18,624/-commencing from 10.01.2021 to 10.12.2025. 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. Relationship between Complainant & Ops is that of Debtor & Creditor and there is no element of deficiency in service.

            However taking a linnet 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.10,000/- (ten 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 agreement/rule/law.     

            With the aforesaid observation and direction that, the C.C.Case No. 118/2023 is accordingly disposed off. No order as to cost.  

                     Issue extract of the order to the parties for compliance.   

           Pronounced in the open Commission, on this the 13th  day of December,2023.

                            I, agree.

                               Sd/-                                                Sd/-

                          PRESIDENT                                   MEMBER

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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