C.C. No.274/2022

Gautam Kumar Das,

S/o. Gajendra Das,

At- Paikesta,

P.O.- Borikhi,

P.S.- Kujanga,

Dist.- Jagatsinghpur.……… Complainant

1. The Nodal Officer, Axis Bank Ltd.

Regional Office,

Vill.- Plot No.1, Ground Floor,

Nandishosh Estate, Bapujinagar,

Bhubaneswar- 751009,

Dist.- Khurda.

2. The Branch Manager, Axis Bank Ltd.
1.  

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

Dist.- Jagtgsinghpur.

3. Regd. Office Axis bank ltd.

At- Trishul, opposite side Samartheswar Temple,

Law garden, Ellis Bridge, Ahmadabad,

Gujurat- 380006. …..… Opposite parties

For Complainant………..Mr. N.C. Barik & Associates

For Opposite Parties……….Mr. P.K. Rout & 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 the vehicle bearing Regd. No.OD-05-BC-5982 and to waive out penal amount and give chance to credit defaulted amount and pay compensation of Rs.5,00,000/- (five lakh) for not reading over and explaining the agreement to complainant.

            Complainant took loan of Rs.40,46,279/- on 29.9.2021 to repay in 59 monthly EMI @ Rs.89,629/- commencing from 20.10.2021 to 20.8.2026. 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 in bold letter or to explain the contents of agreements 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.

            Complainant’s counsel submitted that he is ready and willing to pay the pending dues but his loan may be restructured, which we considered and taking a lenient view we dispose of the consumer complaint directing the opposite parties to supply the loan agreement copy in bold letters. The complainant may prefer an application to restructure the loan which may be considered sympathetically by the opposite parties and restructure the loan and till restructure 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, and restructured loan amount, the opposite parties are free to take action as per agreement/rule/law. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.  

            Pronounced in the open Commission on this 15^th Dec.,2023.