Orissa

StateCommission

RP/79/2022

M.D., Tata Motors Finance Ltd., - Complainant(s)

Versus

Saroj Mohapatra - Opp.Party(s)

M/S R.K.Pattanaik & Assctes

13 Dec 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/79/2022
( Date of Filing : 08 Dec 2022 )
(Arisen out of Order Dated 06/04/2022 in Case No. CC/60/2022 of District Jagatsinghapur)
 
1. M.D., Tata Motors Finance Ltd.,
Nanabati Mahalaya, 3rd Floor, 58, Kharvelnagar, Bhubaneswar.
2. B.M., Tata Motors Finance Ltd.,
Paradeep, Dist- Jagatsinghpur.
...........Appellant(s)
Versus
1. Saroj Mohapatra
S/o- Bansidhar Mohapatra, At- Chunabelari, Paradeepgarh, Paradeep, Dist- Jagatsinghpur.
...........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 & Assctes, Advocate for the Petitioner 1
 
Dated : 13 Dec 2022
Final Order / Judgement

                              Heard  learned counsel for the petitioner.

 2.                           Learned counsel for the  Petitioner  is present and submitted that learned District Commission  disposed of   the petition U/S-38(F)  of the C.P.Act,2019 directing the present petitioner   not to  repossess the vehicle  subject to receipt of two EMI  from the complainant. His grievance is that he has filed written version and objection and without taking  same into consideration,learned District Commission has  started the execution proceeding to carry out the order dtd.06.04.2022. Therefore, he submits to direct  hearing  the case on maintainability  at present  instead of implementing  the ex-parte order.

 3.                         He also submits that the complainant is not  paying the EMI regularly.

   4.                        Considered submission. Perused impugned order  dtd.06.04.2022. We are not inclined to interfere with the impugned order  but we direct the OP to raise all above submissions before the learned District Commission who will consider same alongwith the maintainability of the complaint and dispose of the complaint in accordance with law within a period of 45 days from dtd.26.12.2022 when the impugned order  would  be produced before the learned District Commission. In the meantime, complainant will continue to pay EMI for avoiding the seizure  of the vehicle. Till disposal of the  petition for maintainability  of complaint  the order dtd.06.04.2022 will not be given effect to.

                   The revision petition is disposed of accordingly.

                    Free copy of the order be  supplied to respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.                      

 
 
[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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