Orissa

StateCommission

RP/87/2022

The Manager, Cholamandalam Investment & Finance Limited., - Complainant(s)

Versus

Narendra Beura - Opp.Party(s)

M/S R.K.Pattanaik & Assoc.

30 Dec 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/87/2022
( Date of Filing : 26 Dec 2022 )
(Arisen out of Order Dated 02/12/2022 in Case No. CC/311/2022 of District Jagatsinghapur)
 
1. The Manager, Cholamandalam Investment & Finance Limited.,
At- Link Road, Po- Arundoya Market, Madhupatna, Cuttack.
2. The Manager, Branch Manager, Cholamandalam Investment and Finance Company Ltd.,
At- Dare House, 1st Floor, NSC Bose Road, Chennai.
...........Appellant(s)
Versus
1. Narendra Beura
S/o- Rama Chandra Beura, At- Daulatabad, Chitreswar, Choudwar, Dist- Cuttack.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/S R.K.Pattanaik & Assoc., Advocate for the Petitioner 1
 
Dated : 30 Dec 2022
Final Order / Judgement

      Heard the learned counsel for the petitioner.

2.    Learned counsel for the petitioner submitted that the learned District Commission has passed the exparte order directing the petitioner not to take any coercive action and not to repossess the vehicle on deposit of one EMI. He further submitted that they have no objection if the complainant pays one EMI as directed by the learned District Commission with deposit of regular EMIs.Therefore, he submitted to interfere with the impugned order passed by the learned District Forum.

3.    Considered the submission. We have gone through the impugned order and found that no reason has been assigned as to why one EMI is directed to be deposited and directed not to repossess the vehicle, when there are three EMIs pending as per submission of the learned counsel. Moreover, restricting the O.P to seize the vehicle till disposal of the complaint without depositing the regular EMIs is itselfinterference with the contract. Therefore, at the stage of admission, we hereby disposeof the revision petition by directingthe complainant to pay regular EMIs. The payment of one EMI as ordered bythe learned District Commission also be complied  by the complainant in the terms and conditions of the agreement.

     The revision petition is disposed of accordingly.

       Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

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

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