Orissa

StateCommission

RP/90/2022

Cholamandalam Investment & Fin Ltd - Complainant(s)

Versus

Srikanta Swain - Opp.Party(s)

Mr. A.K. Samal

03 Jan 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/90/2022
( Date of Filing : 26 Dec 2022 )
(Arisen out of Order Dated 25/11/2022 in Case No. CC/296/2022 of District Jagatsinghapur)
 
1. Cholamandalam Investment & Fin Ltd
Dare House , 1st Floor , NSC Bose Road , Chennai-600001, Tamilnadu , India.
2. B.M, Cholamandlam Investment And Finance Co.Ltd
Sreema Construction Building , Nayachowk, madhupatana, Cuttack,753010,Odisha
3. B.M, Cholamandlam Investment And Finance Co.Ltd
Bhaskar Complex, Bijaychandrapur Near Iffco Chhak, Paradeep , Jagatsinghpur , Odisha
...........Appellant(s)
Versus
1. Srikanta Swain
S/O Sarat Swain, Managarjpur,Kujang,Jagatsinghpur,754141
...........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:Mr. A.K. Samal, Advocate for the Petitioner 1
 
Dated : 03 Jan 2023
Final Order / Judgement

         Heard the learned counsel for the petitioner.

2.      Learned counsel for the petitionerssubmitted that the learned District Commission has passed the orderwithout assigning any reason and without considering the submissions of the learned counsel for the petitioners. Further, he submitted that arrear of Rs.4,00,000/- is pending against the O.P (complainant) but learned District Commission have passed the order directing complainant to pay Rs.1,00,000/- only andOP not to take any coercive action till disposal of the complaint. He  submits that by this order the learned District Commission has allowed the complainant not to pay regular EMI.Therefore, he submitted forinterference of this Commission with the impugned order and allow the revision petition.

3.      Considered the submission. Perused the impugned order.The impugned order passed by the learned District Commission is as follows:-

“ xxx   xxx   xxx

Advocate for both parties are present. Heard both the parties. Perused the materials found on record. Considering the facts and circumstances we direct to complainant to pay Rs.1,00,000/- within three weeks from the date of order.Hence the Opposite parties are directed not to repossess the vehicle bearing Regd.No.OD-21-K-4847 and not to take any coercive action against the complainant in respect to the aforesaid vehicle till disposal of consumer complaint.”

4.      The aforesaid order is not a speaking order. When both parties are heard, it requires to explain the reasons basing on which thelearned District Commission have arrived the conclusion to pay Rs.1,00,000/- by the OP to the petitioner. However, since it is a revision petition, at the stage of admission,we hereby direct the OP to pay Rs.2,00,000/- because of arrear of Rs.4,00,000/- against complainant (OP) within a period of two months to the petitioner and  on deposit of the same amount, the O.P. would not repossess the vehicle and would not take any coercive action  against the vehicle till compliance of the agreement which contains several terms and conditions including payment of regular EMI.

5.      The order dated 25.11.2022 passed by the learned District Commission, Jagatsinghpur is revised accordingly.

6.      The 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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