Orissa

StateCommission

RP/54/2019

Ramesh Chandra Sahoo - 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/54/2019
( Date of Filing : 29 Apr 2019 )
(Arisen out of Order Dated 18/02/2019 in Case No. CC/155/2018 of District Khordha)
 
1. Ramesh Chandra Sahoo
S/o- Late Bhagaban Sahoo, At- Plot No. 2013, Bharatpur, 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. State Head/Authorized SignatoryCholamandalam 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 made prayer to set aside order dated 18.2.2019 passed by the learned District Forum, Khurda at Bhubaneswar in C.D.Case No. 155 of 2018.

Revision petitioner is the complainant whereas the OPs representing Finance Company are the OPs before the learned District Forum.

Herd the learned counsel for the parties.

By the order impugned in this revision the prayer of the complainant to direct the OPs to release the repossessed vehicle has been rejected on the ground that the complainant failed to comply the interim order passed in CC No. 399 of 2017.

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 so as to invoke revisional jurisdiction of this Commission. However, it is pointed out by the learned counsel for the revision petitioner that the revision petitioner/complainant is r4eady to pay the entire arrear dues to the Finance Company.

Learned counsel for the OPs submits that the OPs have no objection for release of the vehicle on receipt of the entire arrear dues at an early date.

In view of the above, revision petition is disposed of with a direction that in case the revision petitioner clears the entire arrear dues by the end of August, 2019 the OPs shall release the repossessed vehicle to the OP/complainant.

In case the complainant fails to clear the dues by the stipulated date, the OPs are at liberty to deal with the vehicle in accordance with law.

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

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