C.C. No.71/2024

Babita Das,

D/o. Bhramar Muntu,

At/P.O.- Sirel,

P.S.- Kanasa, Dist.- Puri,

At Present- At/P.O./P.S.- Kujanga,

Dist.- Jagatsinghpur...…….Complainant

                        (Versus)

1. The Manager, D.C.B. Bank Ltd.,

Regional Head Office,

At- Laxmi Sagar, Cuttack Road,

Near Falcon House,

Bhubaneswar- 751006.

2. The Manager,  D.C.B. Bank Ltd.,

Corporate Office, 9^th Floor, Tower A,

Peninsula Business Park,

Senapati Bapat Marg, Lower Parel,

Mumbai- 400013.                                             …..… Opposite parties                 

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

For Opposite Parties……….Mr. P.K. Ray & Associates

ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                               JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking to declare repossession of vehicle bearing Regd. No.OD-07-AJ-8285 is illegal and not to sale vehicle and pay compensation of Rs.19,50,000/-.

            Complainant took loan of Rs.34,12,544/- on 06.02.2021 to repay in 58 monthly EMI @ Rs.776,841/- commencing from 04.4.2021 to 04.01.2026. Complainant failed to pay and violated the agreement for which the vehicle was repossessed and complainant has filed the consumer complaint seeking aforesaid relief. This Commission after hearing the complainant ex-parte was pleased to direct as under vide order dt.14.3.2024;

            “Heard the advocate for the complainant ex-parte. It is submitted that complainant is maintaining her livelyhood by engaging herself in the vehicle and due to seizure of vehicle she has been disengaged. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed to release the asset (vehicle) bearing Regd. No.OD-07-AJ-8285 of the complainant immediately on receipt of 30% of two loans unpaid EMIs till pending on date of repossession and rest 20% of unpaid EMI shall be paid within one month after release of the vehicle and also not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.05.4.2024. Complainant is also directed to pay her regular EMI to the opposite parties.”

            In spite of the protection of this Commission the complainant has not complied the order which is in her favour. The opposite parties have not filed any written version but participated in hearing and filed written note of argument and on query regarding payment as per the direction to pay 50% i.e. 30% + 20% no proof has been filed by the complainant regarding payment of pending loan dues as per the direction of this Commission. 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 of Debtor and Creditor.

            So the consumer complaint is devoid of any merit and accordingly the consumer complaint is dismissed. No cost.  

            Pronounced in the open Commission on this 30^th October,2024.