Orissa

StateCommission

RP/6/2021

Surendra Kumar Jena - Complainant(s)

Versus

Mahindra & Mahindra Fin Services Ltd - Opp.Party(s)

M/S B.N.Panda & Assctes

01 Feb 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/6/2021
( Date of Filing : 27 Jan 2021 )
(Arisen out of Order Dated 20/01/2021 in Case No. CC/02/2021 of District Jajapur)
 
1. Surendra Kumar Jena
S/o- Mahani Jena, Vill- Taliha, Po- Rambag, Ps/Dist- Jajpur.
2. ..
..
...........Appellant(s)
Versus
1. Mahindra & Mahindra Fin Services Ltd
511,1st Floor Mahindra Tower Rasulgarh, Bbubaneswar, Dist- Khurda.7551010
2. Mahindra & Mahindra Financial Service Ltd.,
Mallik Complex, 1st Floor, Panikoili, Ankola, Near Pendal, Dist- Jajpur, 755043.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:M/S B.N.Panda & Assctes, Advocate for the Petitioner 1
 
Dated : 01 Feb 2021
Final Order / Judgement

               Heard learned counsel for the Revision Petitioner. It is stated by the learned counsel for the petitioner that vide interim  order the District Commission directed not to take any coercive action till filing of objection or further order and the complainant to  continue to pay current EMI regularly. He challenged the said order stating that he has filed the complaint for fixation of EMI because  it has not been fixed as per RBI guidelines.

            In course of hearing the Commission want to verify the interim petition and the copy being supplied by the learned counsel for the petitioner, it is found that they have not challenged the fixation of installment. Apart from this no reason is given for  passing the interim order to pay EMI regularly. In such circumstances, learned District Commission is directed to hear both the parties on 08.02.2021  on the interim petition  and pass appropriate order, till then the payment of current monthly EMI by the petitioner is stayed. It is made clear that this Commission has not opined on the merit of the case and it is for the District Commission to pass necessary order on the interim petition after hearing both the parties.

     The revision petition is disposed.

     Free copy be supplied to the revision petitioner who  will submit before the learned District Commission and take further instruction.

 

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 

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