C.C. No.217/2022

Sri Prasanta Kumar Rout,

S/o. Babaji Charan Rout,

At/- MB/97, Madhuban,

P.O./P.S.- Paradeep,

Dist.- Jagatsinghpur.………Complainant

1. The Manager,

Indusind Bank Ltd.

Paradeep Branch,

At- Sahu Complex,

IFFCO Square, Atharabanki,

P.O./P.S.- Paradeep,

Dist.- Jagatsinghpur- 754120.

2. The Manager,

Consumer Finance Division,

Indusind Bank Ltd.

Old no.115, 118, New No.34,

G.N. Chetty Road, T. Nagar,

Chennai- 600017, India.…..… Opposite parties

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

For Opposite Parties……….Mr. U.C. Sethi & 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 his vehicle bearing Regd. No.OD-05-AQ-8094 and to supply loan agreement and other documents etc. and pay compensation of Rs.18,50,000/-.

            Complainant took loan of Rs.29,75,000/- on 04.4.2019 to repay in 94 monthly EMI @ Rs.59,000/- commencing from 07.6.2019 to 07.01.2027. 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 any deficiency on the part of opposite parties as the relationship between the complainant and opposite parties is that of Debtor and 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 shall pay his regular EMI and in addition to that pay Rs.20,000/- (twenty 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 22^nd March,2024.