C.C. No.345/2023

Laxmipriya Nanda,

W/o. Naran Prasad Nanda,

Vill.- Bakharpur,

P.O.- Malanda,

P.S.- Tirtol,

Dist.- Jagatsinghpur.                                                …………. Complainant

                            (Versus)

1. Mahindra & Mahindra Financial Service Ltd. 

Sahoo Complex, 2^nd Floor,

Bijayachandrapur, Paradeep Branch,

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

Dist.- Jagatsinghpur.

1. Mahindra & Mahindra Financial Service Ltd.

Gateway Building, Apollo Bandar,

Mumbai- 400001. …..… Opposite parties

For Complainant………..Mr. P.K. Nayak & Associates

Opposite Parties………..Ex-parte

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

                                                                                                        JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to produce loan documents and loan account statements and close the loan account, issue NOC”.

            The brief fact of the case of complainant is that, the complainant applied loan to the opposite party No.1 for a Maruti Alto 800 VXI and an agreement was executed between the parties and opposite party No.1 sanctioned loan of Rs.3,18,000/- along with finance charges of Rs.1,63,320/-. As per conditions of the agreement the repayment started from 15.11.2019 and accordingly the complainant regularly paid the installment dues till the date of filing consumer complaint. The opposite party violating the conditions and agreement enhance the installment value i.e. EMI from Rs.9,215/- to Rs.17,015/- and opposite party demanding the excess amount of Rs.7,800/- by practicing unfair trade practice and threatened to repossess the vehicle.

            Opposite parties did not appear in spite of our notice and several adjournments and finally the opposite parties were set ex-parte on 21.8.2024.

            We have gone through the records and heard counsel for complainant and the documents filed by complainant. The counsel for complainant has filed the statement of account/ settlement amount in which we found that on 29.3.2024 the settlement amount due was Rs.48,237/- plus charge bounce cheque is Rs.310/- in which we do not interfere. The additional interest charge is Rs.11,713/-. The opposite parties have unilaterally fixed the moratorium and shifted the EMI without giving any notice or apprising the complainant about the pros and cons of moratorium, which in our considered opinion amounts to unfair trade practice. Since opposite parties have not appeared and not cooperated, we are in dark.

            We found that after the notice dtd.29.3.2024 the complainant has deposited Rs.24,500/- on 30.3.2024. We therefore direct the opposite parties to deduct/waive 2/3^rd of ODI i.e. 66.66% of additional interest (ODI) and take the rest amount minus the amount already paid from Rs.48,237/-. We also award cost of Rs.5,000/- to be paid by opposite parties to complainant, which can be adjusted in the loan amount for not appearing before us and not cooperating us in the process of disposal. The opposite parties shall also not claim any interest from 29.3.2024 to till date of payment, which is to be paid by complainant within 30 days from the date of receipt of the order. The opposite parties shall calculate and intimate the due amount to complainant within 15 days of receipt of the order and complainant shall pay the same within 15 days. Send copy of the order to opposite parties at the cost of complainant. Accordingly the consumer complainant is disposed of        

            Pronounced in the open Commission on this 26^th Sept.,2024.