PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Misc Case No. 03/2022

                                       Arsing Out of CONSUMER COMPLAINT NO. 72/2016

TATA MOTORS FINANCE LIMITED,

Ainthapali, Sambalpur-768001, Odisha                                  ……….….Applicant

                                                Vrs

Surendra Naik,

S/O- Gangadhar Naik

R/O-Govindtola, Po/PS-Dhanupali

                        Dist-Sambalpur, Odisha.                                                         …………..Respondent

Order dated 19.06.2023

1. The applicant filed this case u/s 40 of the C.P. Act, 2019 to modify the order dated 27.07.2022 in C.C. Case 72/2016 of this Commission. After perusal of the record it reveals that this Commission passed order………. “Hence the opposite parties are directed to release the seized vehicle bearing No. OD-15-1380 in good condition after receiving the rest amount of Rs. 31,117.16 without receiving penal interest from the Complainant and to pay Rs. 20,000/- to-wards deficiency in service to the Complainant.”
2. The applicant submitted that the vehicle bearing No. OD-15-1380 has already been released in favour of the Complainant on 14.10.2016 and since then the complaint is in possession of the said vehicle. Vehicle was released vide order dated 14.10.2016. When circumstances of the complaint changed and if the material irregularity creeps in the record continues then it will be injustice to the applicant. As already vehicle has been released as discussed supra, the Complainant has no case at all. Accordingly review is allowed and the following order is inserted in place of order dated 27.07.2022 in C.C. Case 72/2016 and modified as:

“The Complainant has limited prayer and as the O.P. has released the vehicle No. OD-15-1380 on dated 14.10.2016, we are not inclined to continue the case further and the complaint is closed. No cost.”

Order pronounced in the open court on 19^th June of 2023

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