C.C. No.425/2022

Sri Saumya Ranjan Singh,

S/o. Trilochan Singh,

At- Biswali Part,

P.O.- Bhutamundai,

P.S.- Paradeep Lock,

Dist.- Jagatsinghpur.……… Complainant

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1. The Manager,

IDFC First Bank Ltd.,

At- Ground Floor,

Ratan Mandap, Link Road,

Near Arunodaya Market,

P.O.- Arunodaya Market,

P.S.- Madhupatna,

Dist.- Cuttack- 753012.

2. The Manager,

IDFC First Bank Ltd.,

At- Naman Chambers, C-32,

G-Block, Bandra Kurla Complex,

Bandra East,

Mumbai- 400051.…..… Opposite parties

For Complainant………..Mr. C. Mishra & Associates

For Opposite Parties……….Mr. D.P. Tripathy & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                              JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking not to repossess  Bullet Motor Cycle bearing Regd. No.OD-05-AS-9408 and held imposition of cheque bounce charges, overdue charge, collection of pick up charges, not allowing complainant to fore close the loan as bad in law and pay compensation of Rs.3,50,000/-.

            Complainant took loan of Rs.1,73,000/- on 16.10.2019 to repay in 60 monthly EMI @ Rs.4,462/- commencing from 02.12.2019 to 02.11.2024. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. Both parties are governed by agreement, which is concordant for both parties and the complainant has not specifically mention as to how the opposite parties violated the agreement when he himself failed to pay EMI for which we find no merit in the consumer complaint and any deficiency on the part of opposite parties. Besides that complainant is a defaulter of loan as per agreement. Relationship between complainant and opposite parties is that Creditor and Debtor and we find no deficiency in service on the part of opposite parties.  

            However taking a linnet view we dispose of the consumer complaint directing the opposite parties to supply the loan agreement copy and any other document as required by complainant available with opposite parties. The complainant shall pay his regular EMI and in addition to that pay Rs.2,000/- (two thousand) in each month towards pending EMI and clear the loan as per agreement. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.  

            Pronounced in the open Commission on this 25^th July,2024.