C.C. No.264/2023

Sri Satyananda Behera,

S/o. Sri Guru Charan Behera,

At- Gandijoda, P.O.- Bayapandadara,

P.S.- Raisuan, Dist.- Keonjhar,

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

P.S.- Paradeep,

Dist.- Jagatsinghpur.                                                 …………. Complainant  

                                 (Versus)

1. The Manager, Indusind Bank Ltd.

Keonjhar Branch,

At- Ground Floor, Plot No.590,

Pabitradiha, Kamargadia,

Keonjhar- 758001.

2. The Manager, Indusind Bank Ltd.

Bhubaneswar Branch,

At- No.78, Janapath,

Kharavela Nagar, Unit-III,

Bhubaneswar- 751001.

3. The Manager, Consumer Finance Division,

Indusind Bank Ltd. At- Old No.115-118,

New No.34, G.N. Chetty Road,

T. Nagar, Chennai- 600017. …..… 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 TATA LPT 3518/52 COWL BSVI bearing Regd. No.OD-09-U-2474 and to supply loan agreement and other documents etc. and pay compensation of Rs.9,50,000/-.

            Complainant took loan of Rs.3,57,658/- on 17.12.2020 to repay in 60 monthly EMI @ Rs.48,450/- commencing from 21.02.2021 to 21.11.2025. 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 his 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 22^nd March,2024.