Orissa

Kendrapara

CC/33/2024

Sumanta Kumar Padhi - Complainant(s)

Versus

Managing Director, - Opp.Party(s)

Sri Braja Mohan Sarangi

11 Jun 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/33/2024
( Date of Filing : 12 Mar 2024 )
 
1. Sumanta Kumar Padhi
S/o- Sadasiba Padhi At-Alipur, Ramachandrapur Dist-Jajpur At Present residing C/o- Kishore Muduli At/Po-Kacheri Road Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Managing Director,
Toyata Fin Serv. Co Ltd. Bhaswani Branch, Centre Policy, 1st Floor, 5th cross laung ford nagar Shanti Nagar, Bangaluru, Karnataka.
2. RTO,Bhubaneswar
At/Po-Bhubaneswar Dist-Khurda
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Braja Mohan Sarangi, Advocate for the Complainant 1
 Sri Devi Prasad Tripathy & Associates, Advocate for the Opp. Party 1
Dated : 11 Jun 2024
Final Order / Judgement

MR. BIBEKANANDA DAS, MEMBER :-

         Complainant has filed this C.C.Case U/s-35 of C.P.Act, 2019 seeking relief of release of vehicle (Swift Car) bearing Regd. No. OD-02-BW-6399. This Commission vide its order dt. 01.05.2024 directed as under:-

            “Heard the advocate for the Complainant ex-parte. It is submitted that Complainant is maintaining his livelihood by engaging himself in the vehicle and due to seizure of vehicle he has been disengaged. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the OP No. 1, who are directed to release the asset (Vehicle) bearing Regd. No.OD-02BW-6399 (Swift car) of the Complainant immediately on receipt of 30% of unpaid EMIs till pending as on the date of repossession and complainant shall pay rest 20% after one month from the date of release the vehicle and Ops are directed not to take any coercive action against the Complainant in respect to the aforesaid vehicle till dt. 16.04.2024. The Op No.2 is directed not to change the ownership the vehicle in favour of any other person without leave of this Commission”.

              Inspite of order of this Commission in favour of Complainant, he has not carried out the order.

            We, therefore directed the Complainant to pay the amount within 7 days of receipt of this order or 10 days after pronouncement of the order whichever is earlier. If the Complainant fails to by the amount as per our order dt. 01.05.2024, the Ops are free to take action as per law/agreement.

            With the aforesaid observation and direction the C.C.Case No. 33/2024 is accordingly disposed off. 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 June,2024.            

                              I, agree,

                                        Sd/-                                                    Sd/-

                                PRESIDENT                                         MEMBER

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

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