Orissa

Jagatsinghapur

CC/231/2022

Manas Kumar Das - Complainant(s)

Versus

B.M,Indostar Finance Co.Ltd - Opp.Party(s)

Mr.D.N.Acharya

16 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/231/2022
( Date of Filing : 25 Aug 2022 )
 
1. Manas Kumar Das
Vill-Teramanapur Po-Rahama Ps-Tirtol
Jagatsinghpur
...........Complainant(s)
Versus
1. B.M,Indostar Finance Co.Ltd
Old Town , BBSR
2. Regional Manager, Indo Star Finance Company Ltd
22, Venkatanarayan Road, Partha Sarathi Puram, T. Nagar, Chennai, Tamilnadu- 600017
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:
 
Dated : 16 Nov 2023
Final Order / Judgement

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 (TATA Truck) bearing Regd. No.OD-21-J-4896 without leave of this Commission and pay compensation of Rs.1,00,000/- towards mental agony and financial loss including cost of litigation.

            Complainant took loan of Rs.25,85,000/- in the year 2019 to repay in monthly EMI @ Rs.68,400/-commencing from March, 2019. Complainant failed to pay and violated the agreement and prayed to restructure the loan but to no effect for which on apprehension of repossession complainant has filed the consumer complaint seeking aforesaid relief. Notices to opposite parties were sent by Regd. Post but none appeared and were set ex-parte on 26.7.2023. Complainant is a defaulter of loan as per agreement and relation between complainant and opposite parties is that of Debtor and Creditor and complainant is default of 2½ installments. We find no merit in the consumer complaint and any deficiency on the part of opposite parties.

            However taking a lenient view we dispose of the consumer complaint directing the opposite parties to restructure the loan and till it is considered. The complainant shall pay his regular EMI and in addition to that pay Rs.10,000/- (ten 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 agreement/rule/law. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.  

           Pronounced in the open Commission on this 16th Nov.,2023.

 

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

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