Orissa

StateCommission

RP/47/2023

M.D,M/S Cholamandalam Investment & Finance Co.Ltd. & Others. - Complainant(s)

Versus

Prabhat Jena - Opp.Party(s)

M/s. R.K. Patnaik & Assoc.

01 May 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/47/2023
( Date of Filing : 24 Apr 2023 )
(Arisen out of Order Dated 06/04/2023 in Case No. CC/106/2023 of District Jagatsinghapur)
 
1. M.D,M/S Cholamandalam Investment & Finance Co.Ltd. & Others.
Corporate office,at Dare House ,1st Floor,N.S.C,Bose Road,Chennai-600001
2. Branch Manager, M/s. Cholamandalam Investment and Finance Co.
Srima Construction Building, Nayachowk, Madhupatna, Cuttack.
3. Branch Manager, M/s. Cholamandalam Investment and Finance Ltd.,
At- Bijaychandrapur, Paradeep, Dist- Jagatsinghpur.
...........Appellant(s)
Versus
1. Prabhat Jena
S/O-Dhruba Charan Jena,At/P.O-Paradeepgarh,P.S-Paradeep Lock,Dist-Jagasinghpur
...........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. Patnaik & Assoc., Advocate for the Petitioner 1
 M/s. S. Swain & Assoc., Advocate for the Respondent 1
Dated : 01 May 2023
Final Order / Judgement

        Mr S.Swain, learned counsel files vakalatnama on behalf of the OP which is accepted and kept on record.His name be reflected in the cause list henceforth. At the time of admission heard  both  sides are heard on the revision petition.

2.      Learned counsel for the petitioners submits that they have challenged the order dated 06.04.2023 passed by the learned District Commission,Jagatsinghpur. He submitted that the complainant is the borrower and has filed the complaint frivolously. Learned District Commission without hearing has purportedlypassed the impugned order by directing the complainant to deposit 30% of the arrear for release of the vehicle and 20% thereafter. The order is silent about the arrear of 50%.Therefore, he prays to revise the order dated 06.04.2023.

3.      Learned counsel for the O.P submitted that there is no iota of evidence to prove as submitted by the learned counsel for the petitioners. He prays to dismiss the revision petition.

4.      Considered the submission. Perused the impugned order. We have already heard both parties.

5.      It is revealed from the recordthat there is an outstanding of Rs.6,20,458/-. We are not inclined to interfere with the order dated 06.04.2023   which was passed by the learned District Commission,Jagatsinghpur but we revise the said order by directing the complainant to deposit 50% of the outstanding amount  of Rs.6,20,458/- before the O.Ps within 15 days from today. After deposit  of 50% the vehicle will be released immediately. There is no bar for payment of regular EMI in every month by the complainant to the O.Ps.

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
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.