Orissa

StateCommission

RP/53/2019

Umakanta Prusty - Complainant(s)

Versus

Managing Director, Cholamandalam Investment & Finance Co. Ltd. - Opp.Party(s)

M/s. A.K. Samal & Assoc.

23 Jul 2019

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/53/2019
( Date of Filing : 29 Apr 2019 )
(Arisen out of Order Dated 18/02/2019 in Case No. CC/259/2018 of District Khordha)
 
1. Umakanta Prusty
S/o- Lingaraj Prusty, At present Plot No. 47/48, Sector-2, Niladri Vihar, Chandrasekharpur, Bhubaneswar, Khurda.
...........Appellant(s)
Versus
1. Managing Director, Cholamandalam Investment & Finance Co. Ltd.
Dare House Complex, Parry House, 2nd Floor, No.2, NSC Bose road, Parrys, Chennai-600001.
2. Authorized Signatory, Cholamandalam Investment & Finance Company Ltd.,
Bhubaneswar Branch, At- 1st Floor, Arnapurna Complex, Plot No. 559, Lewis Road, Bhubaneswar , Khurda.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.K. Patel PRESIDENT
  Smarita Mohanty MEMBER
 
For the Petitioner:M/s. A.K. Samal & Assoc., Advocate
For the Respondent: M/s. N.K. Dash & Assoc., Advocate
Dated : 23 Jul 2019
Final Order / Judgement

     Learned counsel for the parties are present.

    In this revision petition, the revision petitioner has assailed interim order dated 18.2.2019 passed by the learned District Forum, Khurda at Bhubaneswar in C.D.Case No. 259 of 2018 directing the OPs representing financer not to seize the financed vehicle of the complainant/petitioner till final disposal of the complaint subject to payment of outstanding EMI amount of Rs.59,832/- by the end of February, 2019 and on payment of current EMIs.

     Heard the learned counsel for the parties.

     It is fairly conceded by the learned counsel for the revision petitioner that the impugned order does not suffer from any illegality of the nature  provided u/s 17 of the Consumer Protection Act, 1986 to invoke revisional jurisdiction of this Commission. However, it is submitted that due to financial stringency the complainant/revision petitioner may be granted two months time to pay the arrear amount.

     It is further submitted that the complainant/petitioner is paying the current EMI regularly.

    According to learned counsel for the OPs the arrear EMIs against the revision petitioner is Rs.1,39,648/-.

    Since it is not disputed that the complainant is paying the current EMIs revision petition is disposed of directing the complainant to pay the entire arrear EMI by the end of October, 2019. Till then  the OPs financer shall not take any step for repossession of the vehicle. It is made clear that in case of default the OPs financer may take steps in accordance with law for repossession of the vehicle.

 
 
[HON'BLE MR. JUSTICE B.K. Patel]
PRESIDENT
 
 
[ Smarita Mohanty]
MEMBER
 

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