C.C. No.151/2023
Pravat Surya Lenka,
S/o. Ghanshyam Lenka,
At- Teratanga, Kuliagaon,
P.S./Dist.- Jagatsinghpur.……… Complainant
- The Manager, Hinduja Layland Finance,
7VW5 +97W, Block A, Sector- A,
Mancheswar Industrial Estate,
Rasulgarh, Bhubaneswar- 751007,
Dist.- Khurda, Odisha.
- The Manager, Regional Head Office,
Hinduja Layland Finance,
HIG-46 BDA, 01- 02,
Jayadev Vihar Road,
Opposite to Palheight, BDA Colony,
Doordarshan Colony, Ganapati Nagar,
Bhubaneswar- 751013,
Dist.- Khurda.
- The Manager, Hinduja Layland Finance,
Corporate Office # 1 Sardar Patel Road,
-
Chennai- 600032. …..… Opposite parties
For Complainant………..Mr. C. Mishra & Associates
For Opposite Parties……….Mr. M.C. Swain, Advocate
Date of Hearing: 21.8.2024 Date of Judgment: 19.9.2024 |
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 his vehicle bearing Regd. No.OD-05-AA-7417 and not to repossess the vehicle till disposal of consumer complaint and pay Rs.9,90,000/-.
Complainant took loan of Rs.13,26,882/- in May, 2019 to repay in 46 monthly EMI @ Rs.38,595/-commencing from 07.6.2022 to 07.3.2026. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. Matter relates to nonpayment of EMI and violation of agreement/contract and purely contract dispute. So, 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.
However taking a lenient view we dispose of the consumer complaint directing the opposite parties to give some breathing time and before repossession, he should be given Regd. Notice to repay. The complainant shall pay his regular EMI and in addition to that pay Rs.10,000/- (ten 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 19th Sept.,2024.
