Orissa

StateCommission

A/168/2019

M/s. Singer India Limited., - Complainant(s)

Versus

Ajit Kumar Rath - Opp.Party(s)

M/s. R.L. Pattnaik

19 Jul 2019

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/168/2019
( Date of Filing : 09 Jul 2019 )
(Arisen out of Order Dated 20/03/2019 in Case No. Complaint Case No. CC/10/2019 of District Nabarangapur)
 
1. M/s. Singer India Limited.,
Represented by its authorize Signatory of SINGER India Limited., A-26/4, 2nd Floor, Mohan Co op. Industrial Estate, New Delhi-110044
...........Appellant(s)
Versus
1. Ajit Kumar Rath
S/O-Mahendra Kumar Rath, R/o- Hospital Road, Nabarangpur
Nabarangpur
Odisha
2. Uma Enterprises
Main Road, Nabarangpur
Nabarangapur
odisha
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.K. Patel PRESIDENT
  Smarita Mohanty MEMBER
 
For the Appellant:M/s. R.L. Pattnaik, Advocate
For the Respondent:
Dated : 19 Jul 2019
Final Order / Judgement

FIRST APPEAL NO. 168 OF 2019

MISC.CASE NO. 484 OF 2019

AND

MISC. CASE NO. 485 OF 2019

Learned counsel for the appellant is present.

This appeal is directed against the order dated 20.3.2019 passed by the learned District Forum, Nabarangpur in CC No. 10 of 2019.

Appellant was OP No.2 whereas respondent No.1 was the complainant and respondent No.2 was OP No.1 before the learned District Forum.

The operative part of the impugned order reads as follows:-

“Hence it is ordered that the complaint petition filed by the complainant is allowed in part and the OP No.2 being liable is hereby directed to refund the cost of the induction i.e, Rs.1850/- and to pay a compesntion of Rs.10,000/- and Rs.3,000/- as cost to the complainant within 30 days from the date of this order, failing which Rs.100/- will be charged per day till the realization of the awarded amount. Order pronounced in the open forum on this the 20th day of March, 2019.”

Misc. Case No. 485 of 2019 has been filed by the appellant seeking exemption from making statutory deposit for filing the appeal.

Misc. Case No. 484 of 2019 has been filed with a prayer for condonation of delay in filing the appeal.

Heard learned counsel for the appellant.

Paragraph 3 of the petition in Misc. Case No. 485 of 2019 reads as follows:-

“That the impugned order against which the appeal has been preferred though has been passed on 11.07.2016 and without sending the notice to the appellant the learned District Forum passed an order as ex parte against the appellant, subsequently after the said judgment the learned District Forum pressurized to the appellant for payment of awar4ded amount and on fear and to save the reputation of the appellant paid the awarded amount to the appellant through a draft bearing No.543144, Dtd. 09.05.2019 with objection.”

Thus, it is evident that the appellant has satisfied the impugned order by paying the awarded amount to the complainant. In such view of the matter, we find the appeal is misconceived.

Therefore, the appeal stands dismissed.

 
 
[HON'BLE MR. JUSTICE B.K. Patel]
PRESIDENT
 
[ Smarita Mohanty]
MEMBER

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