Orissa

Jagatsinghapur

CC/218/2023

Chinmayee Bal - Complainant(s)

Versus

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

Mr. N.C. Barik & Associates

09 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/218/2023
( Date of Filing : 30 Jun 2023 )
 
1. Chinmayee Bal
W/o Sanjaya Kumar Bal, At- Plot No 457, Atharbanki, Bijayachandpur, Near Hanuman Temple, PO/PS- Paradeep, Dist- Jagatsinghpur
...........Complainant(s)
Versus
1. The B.M, HDFC Bank Ltd
At/PO/PS- Paradeep, Dist- Jagatsinghpur
2. Regd. Office HDFC Bank Ltd
HDFC Bank House, Senapati Marg, Lower Parel, (West) Mumbai- 400013
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:
 
Dated : 09 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 Truck bearing Regd. No.OD-21-H-4167 and to waive out penal amount and pay compensation of Rs.50,000/- towards mental agony and cost of litigation.

            Complainant took loan of Rs.30,20,000/- on 27.7.2018 to repay in 77 monthly EMI @ Rs.48,934/- commencing from 05.10.2018 to 05.02.2025. 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 waive out penal amount. The relation between complainant and opposite parties is that of Debtor and Creditor, 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 and owner of multiple vehicles.

            However taking a lenient view we dispose of the consumer complaint directing the complainant to pay her regular EMI and in addition to that pay Rs.12,000/- (twelve 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 09th Nov.,2023.

 

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

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