Order No.02      Date-09.11.2022

Today is fixed for admission hearing of the instant consumer case.

While perusing the complaint petition, it is observed that the complainant Mr. Aanesa Seikh

 son of Kajem Seikh of PS Kotulpur District Bankura presently residing at 6, Taltala Bazar Street, Kolkata-700014 has availed a car loan from the OPs IndusInd Bank, PS-Park Street, Kolkata -700016 for purchasing a commercial vehicle.  As per statement, he has been paying EMI from time to time but due to pandemic situation of covid-19 and lockdown, the complainant was unable to use his vehicle regularly for which he has failed to pay the EMI and a huge amount of arrears has not been paid by him. The OP sanctioned additional loan and against that the EMI stands  revised  to Rs. 35,730/-.  The complainant requested the OPs to reduce the EMI to the tune of Rs.  20,000/- - Rs.  25,000/- per month so that he can be able to pay the amount regularly.

While perusing the prayer portion of the complaint petition, it is observed  that along with other prayers  the complainant is praying for a direction upon the OPs to reduce the EMI from Rs.  Rs. 35,730/- to 20,000/-  so that he can repay the loan regularly. The prayer of the complainant is not  found  proper in law and not within the periphery of  the Consumer Protection Act,  2019. Granting of  the prayer of the complainant to reduce the EMIs is exclusively the right and consideration of the OPs where there is no scope of the District Consumer Disputes Redressal Commission to interfere into the matter.

In view of the above, the prayer of the complainant is not tenable in law and accordingly rejected.