Orissa

StateCommission

A/117/2022

Butterfly gandhimathi Appliances Ltd - Complainant(s)

Versus

Abanti Kumar Shill - Opp.Party(s)

Mr. S. Das

04 Apr 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/117/2022
( Date of Filing : 06 Jun 2022 )
(Arisen out of Order Dated 29/04/2022 in Case No. Complaint Case No. CC/11/2022 of District Nabarangapur)
 
1. Butterfly gandhimathi Appliances Ltd
143, Pudupakkam Village, vandalur Kelambakkam, Dist Kancheepuram, Tamilnadu. represented through its authorized signatory V.M. Priya Varshinee.
...........Appellant(s)
Versus
1. Abanti Kumar Shill
S/O- Adhil Shill At/Po- Bichhuatiguda, Dist- Nawarangpur.
Nabarangapur
Odisha
2. Proprietor, Shree Sai Enterprises
Main Road, Raigarh
Nabarangapur
odisha
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:Mr. S. Das, Advocate for the Appellant 1
 
Dated : 04 Apr 2023
Final Order / Judgement

 

         Learned counsel for the appellant is present. She got the same address. No other address was given. However,she submitted to get ready to remand the matter to the learned District Commission.

2.      Learned counsel for the petitioner  submitted that she has exparte in the matter by the learned District Commission,Nabarangpur without any efforts to issue notice to the O.P. So he submitted at the stage when the O.P is avoiding to come.

3.      The case of the complainant in nut shell is that the complainant has purchased a Grinder from O.P.no.1 on 13.3.2021 on payment of consideratiton. The complainant alleged that the Grinder did not give proper service due to manufacturing defect. He has approached the O.p.no.1 to repair the grinder but he did not respond. So he filed the complaint.

4.      Learned counsel for the complainant submitted that  if given a chance to participate in the hearing all the materials occurred . Therefore, she submitted to set aside the order dated 29.04.2022 and allow  to hear the matter afresh.

5.      Considered the submission. Perused the impugned order. It appears that the O.p.no.2 has been set exparte without giving opinion of the merit of the case.The opportunity given to the present appellant on being heard. The entire order passed against him is illegal and wrong.Therefore, we set aside the impugned order and directed the learned District Commission to allow the present proceeding to participate in the hearing by filing written version by both parties and disposed of the matter in accordance with law and pass speaking order. It is made clear that the learned District Commission to dispose of the matter on all the materials are available by observation of both parties. Further the learned District Commission is directed to dispose of the matter within a period of 60 days after receipt of this order. Learned counsel for the complainant is directed to appear before the learned District Commission on 24.04.2023 to take further instruction from it.

6.      The appeal is disposed of accordingly.

 

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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