Orissa

Jagatsinghapur

CC/260/2023

Diptiprasad Pattanayak - Complainant(s)

Versus

Mahindra & Mahindra Financial Services Ltd. - Opp.Party(s)

Mr.M.C.Swain

26 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/260/2023
( Date of Filing : 09 Aug 2023 )
 
1. Diptiprasad Pattanayak
S/o Chandramani Nayak, Vill- Bijayachandrapur, PO- atherbanki, PS- Paradeep, Dist- Jagatsinghpur
...........Complainant(s)
Versus
1. Mahindra & Mahindra Financial Services Ltd.
At- 1st Floor, Unit-1, Nandighose Arena, GA-1, Plot No 1246, Bapuji Nagar, Bhubaneswar- 751009
2. Mahindra & Mahindra Financial Services Ltd
Regd. Office At- 2nd Floor, Sadhana House, Behind Mahindra Tower, 570 P.B. Marg, Worli, Mumbai- 400018
3. Branch Manager, Mahindra & Mahindra Financial Services Ltd.
At- 2nd Floor, Near IFFCO Chhack, Paradeep, At/P.O./P.S.- Paradeep, Dist.- Jagatsinghpur
4. R.T.O., Jagatsinghpur
At- Radhanga garh, Dist.- Jagatsinghpur- 754104.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:
 
Dated : 26 Oct 2023
Final Order / Judgement

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

                                                                                       JUDGMENT

            Proceeding under Arbitration and Conciliation Act, 1996 was already initiated prior to filing of consumer complaint and interim order was passed by Arbitrator on 10.7.2023 and loan recall notice was issued on 04.01.2022. Suppressing the said fact complainant has obtained order dt.10.8.2023 and already paid 30% of pending EMI in pursuance of our orders and opposite parties have also accepted the said amount but the vehicle has not been released by opposite parties for which complainant has filed E.A. No.44/2023 seeking execution of order dtd.10.8.2023.

            Heard counsel for both parties. In view of the settled position of law by Hon’ble Apex Court in Kangra Ex-Serviceman case the present case is not maintainable as both proceedings cannot run concurrently.

            Therefore taking  a lenient view we dispose of the consumer complaint directing the opposite parties to settle the dispute by restructuring the loan and by taking another 20% of pending EMIs and release the vehicle and complainant shall pay regular EMI and abide by the settlement of opposite parties and order of Learned Arbitrator. With the aforesaid observation and direction the consumer complaint and I.A. No.201/2023 are disposed of. No cost.

            Pronounced in the open Commission on this 26th October,2023.

 

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

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

Post your Complaint / Review.