C.C. No.267/2022

Soubhagya Ranjan Nayak,

S/o. Gauranga Charan Nayak,

Vill.- Nuadihi,

P.O.- Mahimadeipur,

P.S.- Erasama,

Dist.- Jagatsinghpur.……… Complainant

1. Manager,

Mahindra & Mahindra Finance Ltd.

Bhskar Complex, IFFCO Tower,

IFFCO Chhak, Paradeep,

Dist.- Jagatsinghpur.

2. Regional Manager,

Mahindra & Mahindra Finance Ltd.

Nandighosh Arena G, A-1,

Plot No.1246, Bapuji Nagar,

Dist.- Khurda. …..… Opposite parties

For Complainant………..Mr. D.N. Acharya & Associates

Opposite Parties………..Mr. P.K. Ray & Associates

ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                                  JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of C.P. Act, 2019 seeking not to transfer/dispose of the vehicle, restructure the loan, compensation of Rs.50,000/- towards mental agony and Rs.50,000/- towards financial loss and release the vehicle in favour of complainant. 

            This Commission vide order dtd.21.9.2022 directed as under;

            “Heard the advocate for the complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed to release the asset (vehicle) bearing Regd. No.OD-05AM-9817 of the complainant immediately on receipt of 30% of pending EMIs from the complainant and not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.14.10.2022.”

            Both parties are absent since Dec.2022, we have perused the records. Written version has not been filed but objection was filed in which it is stated that final award has been passed by arbitrator prior to filing of consumer complaint and stated that vehicle has been released and in the custody of complainant.

            Relation between complainant and opposite parties is that of Debtor and Creditor and agreement period is up to 5^th July, 2026. We therefore direct that if complainant makes an application for restructure of loan the same may be considered by opposite parties. The complainant shall pay regular EMI with some additional amount so that the loan can be cleared on or before the agreement period if the agreement period is not extended. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.   

            Pronounced in the open Commission on this 25^th October,2024.