Orissa

StateCommission

RP/39/2023

Tata Capital Fin Services Ltd - Complainant(s)

Versus

Sangita Mahanta - Opp.Party(s)

M/S R.K.Nanda & Assctes

03 May 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/39/2023
( Date of Filing : 06 Apr 2023 )
(Arisen out of Order Dated 01/02/2023 in Case No. CC/33/2023 of District Cuttak)
 
1. Chairman cum Managing Director, Tata Capital Financial Services Ltd.,
Registered office at- 11th Floor, Tower A, Peninsula, Business Park, Ganpatro, Kadammarg, Lower Parel, Mumbai.
2. Branch Manager, Tata Capital Financial Services Ltd.,
11th Floor, Srijan Tech Park, DN-52, Sector-52, Sector-V, Salt Lake, Kolkata.
3. Tata Capital Finacial Service Ltd.,
represented throughits Branch Manager,In fornt of Amrit Ganga, rourkela, Sundergarh.
...........Appellant(s)
Versus
1. Sangita Mahanta
At Present residing at- Nrusingh Prasad Panda, Bidanasi, Near Bidanasi Municipal High School, Dist- Cuttack.
...........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.Nanda & Assoc., Advocate for the Petitioner 1
 
Dated : 03 May 2023
Final Order / Judgement

          Heard the learned counsel for the petitioners. Defect is ignored.

2.      Learned counsel for the petitioners submit that the impugned order passed  by the learned District Commission on the misc.case  has no basis. There is no reason assigned to release the vehicle. We have already gone through the impugned order. The Learned District Commission has passed the impugned order on the misc.case which is as follows:-

                   “xxx            xxx               xxx

The misc case filed by the complainant praying for an interim U/S.38(8) of Consumer Protection Act,2019 is put up for consideration “Heard”perused the case record. Taking into consideration the fact & circumstance of the case and interest of justice. O.Ps hereby directed to release the vehicle bearing Regd.No.OD-14-T-5491 of the complainant on receipt of defaulted EMIs till the date of seizure.

Put up on the dated fixed i.e on 01.03.2023 for filing of objection if any by the O.Ps.”

3.      In view of the above fact that the learned District Commission has directed to release the vehicle of the complainant on receipt of defaulted EMI till the date of seizure. We are not inclined to interfere with the impugned order which was passed by the learned District Commission, Cuttack. Therefore, there is no basis to file the revision petition. But, we hereby direct the learned District Commission  to dispose of the  complainant case  within a period of 45 days from date of receipt of this order.   The petitioners are directed to appear before the learned District Commission on 15.05.2023 to take further instruction from it. 

4.      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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