Orissa

Jagatsinghapur

CC/230/2022

Kailas Das - Complainant(s)

Versus

B.M,DCB Bank Ltd. - Opp.Party(s)

Mr.N.C.Dash

07 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/230/2022
( Date of Filing : 24 Aug 2022 )
 
1. Kailas Das
S/o Late Chandramani Das, At- Biswali, PO - Bhutmundi, PS - Paradeep Lock, Dist - Jagatsinghpur
...........Complainant(s)
Versus
1. B.M,DCB Bank Ltd.
Puri- Cuttack Rd, near Falcon House, Laxmisagar, Bhubaneswar, Odisha- 751006
2. Managing Director, DCB Bank Ltd
Regd. Office at 6th Floor, Tower A, Peninsula Business Park, Senapati Bapat Marg, Lower Parel, Mumbai- 400013, Maharastra
3. Branch Manager, DCB Bank Ltd
Anand Varsha, Ice Factory Road, College Square, Cuttack, Odisha- 753003
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:
 
Dated : 07 Jul 2023
Final Order / Judgement

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                           JUDGMENT

            Complainant has filed the consumer complaint seeking following reliefs;

            “Direct the opposite parties not to repossess the vehicle bearing Regd. No.OD-05-AP-0201, supply a copy of the loan agreement and other connected documents and to receive the installment for the loan without adjusting the same in any other charges and to exonerate the complaint from any other unnecessary charges and pay Rs.4,90,000/- towards compensation.”

            Brief fact of the complainant is that, the complainant being an educated and unemployed person had purchased an AL 3718 BSIV in the year 2019 being financed by opposite parties for his livelyhood and maintenance of his family form the earning of the vehicle. The opposite parties finance a vehicle loan of Rs.29,90,598/-. The complainant used to pay the installments much or less in time and have paid all the installments and due to Covid-19 pandemics the vehicle could not run properly and even after unlock due to financial crises the vehicle could not be engaged properly and due to prolonged illness and excessive expenditure in repair of the vehicle the complainant could not able to pay some installments in time. Now the opposite parties are threatening the complainant to repossess the vehicle at any time with help of break down service without any settlement.

            Opposite parties have filed their written version stating therein that complainant has multiple vehicle as such complainant is not a consumer as defined U/s.2(7) of Consumer Protection Act, 2019. 

            During course of hearing counsel for complainant submitted that he has already paid considerable amount and ready to pay the dues.

            Keeping in view the submission of the counsel of complainant it is directed that complainant shall pay 50% of pending dues within 03 weeks from the date of passing of the order and pay regular EMI and rest 50% to be paid along with regular EMI in equally divided amount to be divided between the months for repayment. (For example if complainant has to repay the loan within next remaining 20 months of agreement period and 50% of amount is Rs.1,00,000/- then complainant has to pay Rs.5,000/- per month in addition to EMI). If the complainant fails to pay the amount as directed then opposite parties are free to take action as per law. With the aforesaid observation and direction consumer complaint is disposed of. No cost

            Pronounced in the open Commission on this 07th July,2023.

 

 
 
[HON'BLE MR. PRAVAT KUMAR PADHI]
PRESIDENT
 
 
[HON'BLE MRS. MADHUSMITA SWAIN]
MEMBER
 

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