C.C. No.275/2022

Sri Gobardhan Mohapatra,

S/o. Niranjan Patra,

At- Chhanda,

P.O.- Gatanai,

P.S.- Marshaghai,

Dist.- Kendrapada,

At present- C/o. Manmohan Lenka,

Vill.- Nimidihi,

P.S.- Paradeepgarh,

P.S.- Paradeep Lock,

Dist.- Jagatsinghpur.……… Complainant

​

1. Mahindra & Mahindra Financial Services Ltd.

Represented through its Branch Manager,

At- 1^st Floor, Unit-1, Nandighosh Arena,

G.A.-1, Plot No.1246, Bapuji Nagar,

Bhubaneswar- 751009.

2. Mahindra & Mahindra Financial Services Ltd.

Represented through its Managing Director,

Registered office At- 2^nd Floor,

Sadhana House, Behind Mahindra Tower,

570 P.B. Marg, Worli,

Mumbai- 400018.

3. Branch Manager,

Mahindra & Mahindra Financial Services Ltd.

At- 2^nd Floor, Near IFFCO Chhack, Paradeep,

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

Dist.- Jagatsinghpur- 754142.

4. Manager,

The Oriental Insurance Company Ltd.,

Mangalam Nivas, 2^nd HDFC Bank,

Mangalabag, Cuttack- 753001.

5. Manager, Bidisha Motors,

Authorized Dealer, Mahindra & Mahindra Ltd.,

2471/3112, Madhupur Sukinda S.O.,

Odisha- 755018.…..… Opposite parties

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

For O.P. No.1 to 3……….Mr. P.K. Ray & Associates

For O.P. No.4………..Mr. S. Roy, 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 MAHINDRA BLAZO 37 CBC bearing Regd. No.OD-29-F-3539 and to supply loan agreement and other documents etc. and pay compensation of Rs.2,30,000/-.

            Complainant took loan of Rs.24,32,748/- on 10.7.2021 to repay in 52 monthly EMI commencing from 05.8.2021 to 05.11.2025. 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 the relationship between complainant and opposite parties is that of debtor and Creditor.

            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 50% of pending dues within 45 days and shall pay his regular EMI and in addition to that pay Rs.20,000/- (twenty 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 the consumer complaint is disposed of. No cost.  

            Pronounced in the open Commission on this 29^th February,2024.