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BEFORE THE TELANGANA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION : HYDERABAD.

FA.NO.132 OF 2023

AGAINST ORDERS IN CC.NO.02 OF 2022, DISTRICT

CONSUMER COMMISSION, KHAMMAM

Between

1. The Branch Manager,

Indusind Bank Ltd.,

Consumer Finance Division, 6-8-100,

Sri KNR Mansions, Ganesh Basti,

Kothagudem Town, Badradri

Kothagudem District.

2. The General Manager,

M/s.Indusind Bank Ltd.,

Door No.40-1-144, 2nd Floor,

Corporate Center, M.G.Road,

Labbipet, Vijayawada – 10.

3. The Branch Manager,

M/s.Indusind Bank Limited,

Bharat Reddy Complex, 1st Floor,

Above Axis Bank, Opp. Kodad Rural Police Station,

Kodada Town & Mandal,

Suryapet District – 508206.

4. The Authorized Officer,

Indusind Bank Limited,

At 115, 116, G.N.Chetty Road,

T.Nagar, Chennai – 600017.

All the above Appellants are represented

By their authorized signatory

Aziz Pasha Mohamad,

S/o.Rafi, Aged about 34 year,

Occ: Legal Manager, R/o.Khammam.

..…Appellants/Opp.Parties

And

Paddam Srinu, S/o.Raghavulu,

Aged about 30 years, Occ: Business,

R/o.Pardhasarathipuram Village,

Gowraram Bhavannapalem,

Penubali Mandal, Khammam District.

…..Respondents/Complainants

Counsel for the Appellants/Opp.Parties : M/s. K.Pradeep Reddy

Counsel for the Respondents/Complainants : M/s. KRR Associates

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FA.NO.334 OF 2023

AGAINST ORDERS IN CC.NO.02 OF 2022, DISTRICT

CONSUMER COMMISSION, KHAMMAM

Between:

Mr. Paddam Srinu, S/o.Raghavulu,

Aged about 30 years, Occ: Business,

R/o.Pardhasaradhi Puram Village,

Gowraram Bhavannapalem,

Penuballi Mandal, Khammam District.

..…Appellant/Complainant

And

1. The Branch Manager,

Indusind Bank Ltd.,

Consumer Finance Division, 6-8-100,

Sri KNR Mansions, Ganesh Basti,

Kothagudem Town, Badradri

Kothagudem District.

2. The General Manager,

M/s.Indusind Bank Ltd.,

Door No.40-1-144, 2nd Floor,

Corporate Center, M.G.Road,

Labbipet, Vijayawada – 10.

3. The Branch Manager,

M/s.Indusind Bank Limited,

Bharat Reddy Complex, 1st Floor,

Above Axis Bank, Opp. Kodad Rural Police Station,

Kodada Town & Mandal,

Suryapet District – 508206.

4. The Authorized Officer,

Indusind Bank Limited,

At 115, 116, G.N.Chetty Road,

T.Nagar, Chennai – 600017.

…..Respondents/Opp.Parties

Counsel for the Appellant/Complainant: M/s. KRR Associates

Counsel for the Respondents/Opp.Parties: M/s. K.Pradeep Reddy

QUORUM:

HON’BLE SMT. JUSTICE DR.G.RADHA RANI …… PRESIDENT

&

HON’BLE SMT.MEENA RAMANATHAN …… MEMBER (NON-JUDCIAL)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND TWENTY FIVE

*******

Order : (Per Smt.Meena Ramanathan, Hon’ble Member, Non-Judicial)

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1. These appeals are filed under Section 41 of Consumer

Protection Act, 2019, against the order dated 30.11.2022 passed in

CC.No.02 of 2022 on the file of District Consumer Commission,

Khammam. The Opposite Parties filed FA.No.132/2023 and the

Complainant filed FA.No.334/2023. As both these appeals arise

out of the same order, they are being disposed of by this common

order.

2. For the sake of convenience, the parties are described as

arrayed in the complaint.

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3. Briefly stated, the facts are that – the Complainant

purchased Tata Motors Make goods carrying vehicle bearing

registration No.TS 04 UC 5690 under hypothecation agreement

with Indusind Bank Limited, Kothagudem on 31.03.2018 and on

the same day, the Indusind Bank Ltd., sanctioned the loan in

favour of the Complainant. The cost of the vehicle is

Rs.29,85,000/- and the Complainant paid a sum of Rs.2,50,000/-

towards down payment and remaining amount was loan to an

extent of Rs.27,35,000/-. As per the agreement, the outstanding

loan amount with interest was Rs.36,13,400/- which was divided

into 58 EMIs to an extent of Rs.62,300/- per month and the EMI

was started from 05.06.2018. The said vehicle was used for

transportation of sand and hire transportation of goods to various

places. It is submitted that the Complainant paid the EMIs

periodically without any default since the date of hypothecation

agreement. Since March, 2020, the Complainant could not pay the

EMIs due to global pandemic Covid-19 as a result of which his

business was hit severally.

4. It is submitted th