C.C. No.71/2023
Sobha Pasoria,
W/o. Late Rabi Prakash Pasoria,
At- Plot No.1607, Mahanadi Vihar,
P.O.- Naya Bazar,
P.S.- Chauliaganj, Dist.- Cuttack,
At Present- At/P.O./P.S.- Kujanga,
Dist.- Jagatsinghpur.……… Complainant
- The Manager, Indusind Bank Ltd.
At- Plot No.1320, 2nd Floor, Umang Plaza,
In front of Vishal Mega Mart,
P.O.- Buxi Bazar,
Dist.- Cuttack- 753001.
- The Manager, Corporate Office,
Indusind Bank Ltd., 8th Floor,
Tower-1, One Indiabulls Centre- 841,
S.B. Marg, Elphinstone Road,
Mumbai- 400013.
- The Manager, Regd. Office,
Indusind Bank Ltd.,
Gen. Thimmaya Road, (Cantonment),
Pune- 411001.…..… Opposite parties
For Complainant………..Mr. C. Mishra & Associates
For Opposite Parties……….Mr. U.C. Sethi & Associates
Date of Hearing: 14.3.2024 Date of Judgment: 22.3.2024 |
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 her vehicle bearing Regd. No.OD-05-M-1099 and to supply loan agreement and other documents etc. and pay compensation of Rs.18,50,000/-.
Complainant took loan of Rs.11,72,000/- on 17.4.2018 to repay in 79 monthly EMI @ Rs.37,000/- commencing from 21.6.2018 to 21.10.2024. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. We find no merit in the consumer complaint as the complainant is a defaulter and no deficiency on the part of opposite parties as the relationship between the complainant and opposite parties is that of Debtor & Creditor. Besides that complainant is a defaulter of loan as per agreement.
However taking a lenient view we dispose of the consumer complaint directing the opposite parties not to repossess the vehicle provided the complainant pay her regular EMI and in addition to that pay Rs.30,000/- (thirty thousand) in each month towards pending EMI. For failure to pay regular EMI and additional amount, the opposite parties are free to take action as per rule/law/agreement. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 22nd March,2024.