C.C. No.215/2022

Sri Uttam Das,

S/o. Motilal Das,

At/P.O.- Kharnasi,

P.S.- Mahakalpada,

Dist.- Kendrapara.………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, Odisha- 751009.

2. Mahindra & Mahindra Financial Services Ltd.

Represented through its Managing Director,

Registered office At Gateway Building,

Apollo Bunder, Mumbai- 400001.

3. Branch Manager,

Mahindra & Mahindra Financial Services Ltd.

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

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

Dist.- Jagatsinghpur- 754142. …..… Opposite parties

For Complainant………..Mr. N.C. Dash & Associates

For Opposite Parties………..Mr. P.K. Ray & 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 AL 3718/BS IV bearing Regd. No.OD-29-G-2735, to supply copies of agreements, account statement and adjust rate of interest and not to misutilise the blank singed Bank cheques of UCO Bank Paradeep Branch till final settlement /disposal of consumer complaint.

            Complainant took loan on 15.7.2021 to repay in 52 monthly EMI of Rs.55,000/- for 6 month and rest  @ of Rs.73,465/- commencing from 15.8.2021 to 15.6.2025. 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 not to misutilise the bearer signed cheques for which we find no merit in the consumer complaint and any deficiency on the part of opposite parties. When opposite parties have not misutilise any cheque even though complainant fail it to pay the EMI. Besides that complainant is a defaulter of loan as per agreement. Even though the opposite parties have not misutilised the cheques we direct the opposite parties not to misutilise the blank cheques and in this case, particularly when the relation between the complainant and opposite parties is Debtor and Creditor and there is no element of deficiency in service.   

            Taking a lenient view we dispose of the consumer complaint directing the complainant to 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, as directed above 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 01^st August,2024.