C.C. No.368/2022

Sri Kanhu Charan Samal,

S/o. Sri Pramod Samal,

At/P.O.- Shankarpur,

P.S.- Choudwar,

Dist.- Cuttack,

At Present- At/P.O.- Atharbanki,

P.S.- Paradeep Lock,

Dist.- Jagatsinghpur.……… Complainant

1. The Manager, H.D.F.C. Bank Ltd.

At- Jhola Sahi,

P.O./P.S.- Mangalabag,

Dist.- Cuttack.

2. The Manager, H.D.F.C. Bank Ltd.

At- C-111, 1^st Floor, Bhubaneswar Park,

Saheed Nagar, Bhubaneswar- 751007,

Dist.- Khurda.                                                     …..… Opposite parties                 

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

For Opposite Parties……….Mr. N.K. Dash & 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-14-X-1475 and held the threatening as illegal and pay compensation of Rs.19,50,000/-.

            Complainant took loan of Rs.38,99,901/- on 02.3.2021 to repay in 78 monthly EMI @ Rs.77.891/- commencing from 05.5.2021 to 05.10.2027. Complainant failed to pay and violated the agreement for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. There is not a single scrap of paper from complainant asking opposite parties to supply the aforesaid documents 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 of Debtor and Creditor and there is no deficiency in service.

            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.20,000/- (twenty thousand) in each month towards pending EMI. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.  

            Pronounced in the open Commission on this 19^th Sept.,2024.