C.C. No.207/2023

Laxmipriya Nayak,

W/o. Sumanta Kumar Nayak,

At- Kusumupur, P.O.- Dumuka,

P.S.- Patakura, Dist.- Kendrapara,

At Present- Railway Colony, Atharbanki,

P.O.- Atharbanki,

Dist.- Jagatsinghpur.                                              …………. Complainant  

1. M.D., Indusind Bank Ltd.

Regd. Office at 2401,

Gen. Thimmay Road,

(East Street), Pune- 411001.

2. B.M., Indusind Bank Ltd. (CFD),

At- 1^st Floor, Manorama Chambers,

Rashulgarh, Bhubaneswar- 751010.

3. B.M., Indusind Bank Ltd. (CFD),

At- IFFCO Chhak (Near TVS Showroom),

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

Dist.- Jagatsinghpur.                                              …..… Opposite parties                 

For Complainant………..Mr. P. Pradhan & Associates

For Opposite Parties……….Mr. U.C. Sethi & Associates

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 ASHOK LEYLAND 4220 COWL Truck bearing Regd. No.OD-29-H-5849 and to supply loan agreement and other documents etc. and pay compensation of Rs.3,60,000/-.

            Complainant took loan of Rs.33,78,000/- on 18.9.2020 to repay in 60 monthly EMI @ Rs.76,251/-commencing from 21.11.2020 to 21.8.2025. 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 and relation between complainant and opposite parties is that of debtor and Creditor.

            Opposite parties have filed current account statement up to the date of hearing and we found that complainant is a defaulter and after obtaining the order has himself not honored the order and not paid EMI regularly for which we find no merit and accordingly the consumer complaint is dismissed. No cost.

            Pronounced in the open Commission on this 25^th January,2024.