Orissa

Kendrapara

CC/40/2023

Manoranjan Sahani - Complainant(s)

Versus

Manager, - Opp.Party(s)

Sri P.K.Deo & Associates

02 Jan 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/40/2023
( Date of Filing : 06 Mar 2023 )
 
1. Manoranjan Sahani
S/o- Late Niranjan Sahani At- Khurusia Po- Patelipanka Ps-Marshaghai Dsit-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Manager,
Indusind Bank Ltd. At- Bijayachandpur Bhaskar Complex IFFCO Chhak Paradeep Dist-Jagatsinghpur
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri P.K.Deo & Associates, Advocate for the Complainant 1
 Sri Rajendra Kumar Sahoo & Associates, Advocate for the Opp. Party 1
Dated : 02 Jan 2024
Final Order / Judgement

MR. BIBEKANANDA DAS, MEMBER :-

              Complainant has filed the C.C.Case No. 40/2023 U/s-35 of Consumer Protection Act, 2019 seeking the truck bearing Regd. No. OD-29G-2877 and Rs. 20 Lakhs towards compensation pay to the complainant.

              Complainant  owner of multiple vehicles is found absent. Earlier complainant has filed W.P.( c) No. 32020/2022 was withdrawn. Complainant being defaulter of loan and owner of multiple vehicles cannot be termed as consumer. The relation between complainant and Ops is that of Debtor & Creditor and complainant cannot be termed as a consumer as defined U/s-2(7) of C.P.Act, 2019.

             Hence we find no merit in the consumer complaint and earlier order passed in I.A No. 41/2023 stands vacated and accordingly the C.C.Case No. 40/2023 along with I.A Case No. 41/2023 are hereby dismissed. No order as to cost.  

                     Issue extract of the order to the parties concerned.   

           Pronounced in the open Commission, on this the 2nd day of January,2024.

                            I, agree.

                               Sd/-                                                Sd/-

                        PRESIDENT                                     MEMBER  

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

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