Date of Filing: 13.12.2023
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: JAGATSINGHPUR
Present:
1. Mr. P. K. Padhi ……………….. President
2. Mrs. M. Swain ………………. Member
C.C. No.369/2023
Niranjan Biswal,
S/o. Dibakar Biswal,
Qtr No.294, GJAI Colony,
Madhuban, Paradeep,
Dist.- Jagatsinghpur. …………. Complainant
(Versus)
- M.D., Indusind Bank Ltd.,
Regd. Office at 2401,
Gen. Thimmaya Road,
(East Street), Pune- 411001.
- B.M., Indusind Bank Ltd. (CFD),
At- 1st Floor, Manorama Chambers,
Rashulgarh, Bhubaneswar- 751010.
- B.M., Indusind Bank Ltd. (CFD),
Haripur Road, Mangalabag,
Cuttack. …..… Opposite parties
For Complainant………..Mr. S.K. Naik, Advocate
For Opposite Parties……….Mr. U.C. Sethi & Associates
Date of Hearing: 13.11.2024 Date of Judgment: 22.11.2024 |
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 EICHER PRO 6037 S CBC BS4 Truck bearing Regd. No.OD-05-AL-9029 and to supply loan agreement, reschedule the loan and other documents etc. and pay compensation of Rs.4,00,000/-.
Complainant took loan of Rs.28,50,000/- on 16.9.2018 to repay in 67 monthly EMI commencing from 21.12.2018 to 21.5.2024. 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 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 submitted that he is willing to repay the loan but some time may be given. We would have dismissed the consumer complaint but taking into account the genuine prayer for some time we take a lenient view and disposed of the consumer complaint directing the complainant to pay 30% of the pending loan within 21 days and 20% within a month thereafter and rest 50% of pending dues to be paid within 4 months in 4 installments, thus the entire loan plus interest shall be paid by the complainant within six months. If the complainant pays the aforesaid amount as directed by this Commission then the opposite parties shall not repossess the vehicle. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 22nd Nov.,2024.