Orissa

Kendrapara

CC/31/2023

Abhaya Kumar Panda - Complainant(s)

Versus

Manager, - Opp.Party(s)

Sri Bibhuti Bhusan Kar

18 Jul 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/31/2023
( Date of Filing : 20 Feb 2023 )
 
1. Abhaya Kumar Panda
S/o- Late Duryodhan Panda At/Po/Ps- Mohakalpada Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Manager,
Hinduja Leyland Finance Ltd. No.27 A Developed Industrial Estate Guindy, Chennai-600032 Tamilnadu, India
2. Branch Manager,
Hinduja Leyland Finance Ltd. 3rd Floor, Link Road, Arunodaya Market Dist-Cuttack-753012.
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Bibhuti Bhusan Kar, Advocate for the Complainant 1
 Sri Duryodhan Mohapatra & Associates, Advocate for the Opp. Party 1
Dated : 18 Jul 2023
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT:-

         Complainant has filed for settlement of loan in OTS. The Ops objected on the ground of jurisdiction and the Tractor was used for commercial purpose. Ops further stated that the Complainant is a habitual defaulter and as such the C.C.Case is not maintainable.

         The case of the Complainant is that the vehicle was purchased for engagement in cultivation of the Agricultural land of the Family and Family members. In the meantime the son of Complainant who was looking after the Tractor met with an accident for which the vehicle remained idle and there is no earning from the said vehicle. The Complainant is ready and willing to repay the loan in OTS.

        Since the Complainant is ready and willing to repay the loan, the Ops are directed to settle the loan in OTS by giving advantage to the Complainant in settling the loan. However, all the above exercise will be done within a period of 45 days from the date of receipt of this order.

 With the aforesaid observations the C.C.Case No. 31/2023 alongwith the I.A. No. 15/2023 are accordingly disposed off.

                         Issue extract of the order to the parties concerned.   

           Pronounced in the open Commission, on this the 18th day of July,2023.             

                                 I, agree

                                      Sd/-                                                        Sd/-

                                  MEMBER                                         PRESIDENT                                            

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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