Orissa

StateCommission

RP/23/2020

Regional Manager,M/s. Tata Capital Fin. Ltd - Complainant(s)

Versus

Sri Ayush Agrawal - Opp.Party(s)

M/S R.K.Nanda & Associates

28 Apr 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/23/2020
( Date of Filing : 19 Jun 2020 )
(Arisen out of Order Dated 17/03/2020 in Case No. Complaint Case No. CC/38/2020 of District Sundergarh II)
 
1. Regional Manager,M/s. Tata Capital Fin. Ltd
Flat No 2C & 2D,2nd floor,South Block,Park Plaza,71,Kolkata.
2. Branch Manager, M/s. tata Capital Financial Service4s Ltd.,
E-547, Tulasi Complex, 2nd Floor, Amritaganga, panposh Road, , Rourkela, Dist- Sundargarh.
...........Appellant(s)
Versus
1. Sri Ayush Agrawal
S/o- Niranjan Lal Agrawal, R/o- Khada Gali, Po/Ps- Rajgangpur, Dist- Sundargarh.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:M/S R.K.Nanda & Associates, Advocate for the Petitioner 1
 
Dated : 28 Apr 2021
Final Order / Judgement

 

              Learned counsel for Petitioner is present.

              2.  Heard.

             3. The matter has been listed for hearing by inadvertent mistake of the office.

            4.  The copy of the impugned order is filed today by the learned counsel for the petitioner.

            5.  He submitted that matter may be heard today for admission.

            6.  Heard the matter for admission.

            7.  Mr. Nanda, learned counsel for the petitioner submitted that learned District Commission, without hearing the OP has passed the impugned order by directing to release the vehicle for payment of Rs.2,05,000/- by the complainant to the OP. According to him the amount due is Rs.6,86,336/- and the complainant has produced the incorrect material before the learned District Commission  to obtain the ex-parte interim order set-aside.  So, he submitted to set-aside the impugned order  by allowing the revision.

        8.    Considered the submission of the learned counsel for the petitioner. Perused the impugned order. The interim order shows that this order was ex-parte passed U/S-13(3-B) of the  Consumer Protection Act,1986. The interim order shows that learned District Commission  has directed the OP to receive 50%  of five EMI and release the vehicle bearing No OD-14R-7478  The present petitioner was asked by the learned District Commission to file written version and objection to the Misc.Case filed before it.

      9.   There is nothing to interfere with  the impugned order because it has already been  passed after going through the material produced by the complainant. However, the present petitioner is directed to appear before the learned District Commission  and file objection. Learned District Commission  would hear both the parties on the interim petition and pass afresh  order within 30 days from the date of receipt of this order. Till then the interim order is stayed.

      10.     The revision petition is disposed of accordingly.

                Free copy of the order be supplied to the learned counsel for the petitioner who appear before the learned District Forum on 10.05.2021 and take further instruction.

      

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 

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