C.C. No.182/2023

Pradeep Kumar Rout,

S/o. Kulamani Rout,

Vill.- Pitambarur,

P.O.- Bhutmundai,

P.S.- Paradeep Lock,

Dist.- Jagatsinghpur.……… Complainant​

1. The Manager,

Mahindra & Mahindra Financial Services Ltd.,

At Plot No.1246, Bapuji Nagar,

Bhubaneswar- 751009.

2. The Manager, Corporate Office,

Mahindra & Mahindra Financial Services Ltd.,

Dr. G.M. Bhosle Marg,

P.K. Kurnechowk, Worli,

Mumbai- 400018, Maharastra. …..… Opposite parties

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

For Opposite Parties……….Mr. P.K. Ray & 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-04-M-3365 and to supply loan agreement and other documents etc. and pay compensation of Rs.19,50,000/-.

            This Commission vide order dtd.30.6.2023 directed as under;

            “Heard the Advocate for complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. The complainant is maintaining his livelyhood by engaging himself and in case the vehicle/asset will be repossessed, he will suffer irreparable loss. Considering the genuine grievance and taking into consideration the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed not to repossess the asset (vehicle) bearing Regd. No.OD-04-M-3365 of the complainant on receipt of 30% of pending  EMIs only from the complainant within 21 days (from the date of receipt of this order) and rest 20% of unpaid EMIs to be paid after one month of 1^st deposit of 30% (thus total 50% is to be paid) and not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.21.7.2023.”

            Complainant failed to comply the order dt.30.6.2023 and in the meantime vehicle No.OD-04-M-3365 has been repossessed on 15.3.2024 and the outstanding loan as on repossession was Rs.6,64,004/-.

            Complainant took loan of Rs.22,64,548/- on 07.9.2021 to repay in 49 monthly EMI @ Rs.60,713/- commencing from 05.10.2021 to 05.10.2025. 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 to release the vehicle provided the complainant shall pay 50% of pending EMIs as on the date of repossession and 25% after 3 months thereafter and 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 30^th October,2024.