Orissa

Kendrapara

CC/47/2023

Salim Khan - Complainant(s)

Versus

Manager, - Opp.Party(s)

Sri S.K.Nayak & Associates

11 Oct 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/47/2023
( Date of Filing : 22 Mar 2023 )
 
1. Salim Khan
S/o- Sano Khan At-Gopalpur Po- Balikana Ps-Aul Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Manager,
Indusind Bank Consumer Finance Division Chandikhole OBC Branch Po/ps- Badachana Dist- Jajpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri S.K.Nayak & Associates, Advocate for the Complainant 1
 Sri Madhab Ch. Swain & Associates, Advocate for the Opp. Party 1
Dated : 11 Oct 2023
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT:-

               This C.C.Case No. 47/2023 has been filed U/s-35 of C.P.Act, 2019 seeking for a direction for issuance of NOC in respect of his vehicle (Auto) APE XTRA LDX PU bearing Regd. No. OD-29G-2821, the Ops appeared and filed written version and stated that, the Complainant was financed by Ops to repay in 46 EMIs amounting to Rs. 8,860/- in each month. But during COVID-19 Complainant availed Moratorium and not paid the EMI from dt. 15.03.2020 to 15.08.2020 and the pending amount upto dt. 15.06.2023 was of Rs. 49,550.85, which the Complainant has not disputed.

               When the Complainant availed moratorium, he has to repay the said amount and it does not mean that the EMI during that period shall be waived. Since the Complainant has not paid the EMI from dt. 15.03.2020 to 15.08.2020 is liable to pay and the amount of Rs.49,550.85 and on payment of that amount within a period of 30 days from the date of receipt of this order or 45 days from the date of passing of the order, whichever is earlier the Op  shall issue NOC/NDC to the Complainant and if the Complainant fails to pay the amount as directed above within the stipulated period, then the Ops are free to charge interest on Rs.49,550.85/- w.e.f. dt. 15.06.2023 to till the date of payments & if the Ops fail to issue NOC/NDC within the stipulated date shall pay Rs. 200/- per day after the time limit given by this Commission.

                With the aforesaid observation and direction the consumer complaint case No.47/2023 is accordingly disposed of. No order as to cost . 

                           Issue extract of the order to the parties for compliance.   

           Pronounced in the open Commission, on this the 11th  day of October,2023.

                            I, agree.

                             Sd/-                                                   Sd/-

                         MEMBER                                           PRESIDENT

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

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