Orissa

StateCommission

RP/45/2023

The Branch Manager, Tata Motors Finance Ltd - Complainant(s)

Versus

Mr. Mahammad Qamar Hasim - Opp.Party(s)

M/S R.K.Pattanaik & Assoc.

25 Apr 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/45/2023
( Date of Filing : 19 Apr 2023 )
(Arisen out of Order Dated 16/03/2023 in Case No. CC/32/2023 of District Sundergarh II)
 
1. The Branch Manager, Tata Motors Finance Ltd
Rourkela Panposh Road, Rourkela 4 Raghunathpalli, Sundargarh, Odisha
2. Tata Motors Finance Ltd
10th Floor , 106 A and B Maker Chambers 111 narimal Point, Mumbai-400021
...........Appellant(s)
Versus
1. Mr. Mahammad Qamar Hasim
S/O Mahammad Yequb , Ajadmohalla , Anand Bhawan Lane , Near Masjid , Rorkela 1 , Plant site , Sundargarh, Odisha
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/S R.K.Pattanaik & Assoc., Advocate for the Petitioner 1
 
Dated : 25 Apr 2023
Final Order / Judgement

M.C.No.363 of 2023

R.P. No. 45 of 2023

         Heard the learned counsel for the petitioners.

2.      Learned counsel for the petitioners submits that they have challenged the order dated 16.03.2023 passed by the learned District Commission,Sundargarh-11,Rourkela. Though there is an outstanding of Rs.8,17,754.25/- against the complainant but  the learned District Commission without considering the matter has passed the interim order  directing the petitioners to release the vehicle on receipt of  50% defaulted amount  from the Op/complainant. He also submitted that the learned District Commission have not considered the issue of maintainability of the complaint. He submitted that the order passed by the learned District Commission is illegal and improper. Therefore, he prayed to set aside the impugned order dated 16.03.2023 by allowing the revision petition.

3.      Considered the submission. Perused the impugned order.

4.      We have gone through the impugned order. We are not inclined to interfere with the order dated 16.03.2023   which was passed by the learned DistrictCommission. But, we hereby direct the learned District Commission after hearing both parties on the complaint case and interim application  decide the matter in accordance with law within a period of 60 days from date of receipt of this order.  There is no bar for payment of regular EMI in every month by the complainant to the O.Ps. The petitioners are directed to appear before the learned District Commission on 08.05.2023 to take further instruction from it. 

5.      Revision petition is disposed of accordingly. 

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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