Orissa

StateCommission

CC/3/2023

Shishir Kumar Satpathy - Complainant(s)

Versus

ACC Limited, Sridhar Balkrishnan (MD & CEO) - Opp.Party(s)

M/S N.K. Dash & Assoc.

19 Jan 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Complaint Case No. CC/3/2023
( Date of Filing : 12 Jan 2023 )
 
1. Shishir Kumar Satpathy
S/o: Late Rangadhar Satpathy, At: Plot No. N/3-376, IRC Village, P.O/P.S: Nayapalli, Bhubaneswar -751015
...........Complainant(s)
Versus
1. ACC Limited, Sridhar Balkrishnan (MD & CEO)
Regd. Office At: Cement House, 121-Maharshi Karve Road, Mumbai -400020
Maharashtra
2. General Manager (East), ACC Ltd.
Ready Mixed Concrete Business, JL-44, Langalpota Station, Bishnupur, Rajarhat, North 24 Praganas -700135
West Bengal
3. ACC Limited, Sri Akhaya Mahakud (Plant-in-Charge)
ACC Concrete, Bhagbanpur Industrial Estate, Patrapada, Near AIIMS, Bhubaneswar -751019
............Opp.Party(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:M/S N.K. Dash & Assoc., Advocate for the Complainant 1
 
Dated : 19 Jan 2023
Final Order / Judgement

 

          Heard the learned counsel for the complainant on the point of admission.

2.        He submitted that he has gone  to the District Commission,Bhubaneswar,Khurda to place the matter since the payment for the service of the goods has not been made for morethan Rs.50,00,000/- to invoke the jurisdiction of this Commission. However, the learned District Commission informed the complainant to approach  before this Commission. Therefore, necessary order may be passed.

3.        Heard learned counsel for the complainant. Section-47(1)(a) of Consumer Protection Act, 2019 is as follows:-

                      “xxx      xxx       xxx

  1.  To entertain
  1. Complaints where the value of the goods or services paid as consideration, exceeds rupees fifty lacs but does not exceed rupees two crore.”

4.        The aforesaid provision is clear towards his payment to avail goods or services. In this case there is no any averments in the complaint showing payment. Therefore, this matter is decided with District Commission at Khurda. We are surprised to hear that the learned District Commission did not entertain the request of the complainant.

5.            In view of above discussion, we hereby direct the complainant to file the complaint before the appropriate Commission within 15 days. Copy of the complaint petition with annexures be returned to the complainant for further action at his end if so advised.

6.              Complaint case 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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