Learned counsel for the revision petitioners is present.
In this revision petition, the petitioners have made prayer to set aside the impugned order dated 20.5.2019 passed by the learned District Forum, Khurda at Bhubaneswar in CC No. 43 of 2019.
The revision petitioners representing financer have been impleaded as OP Nos. 1 and 2 whereas the OP No.1 in this revision is the complainant before the learned District Forum.
Heard the learned counsel for the revision petitioners.
Considering the palpable illegality in the impugned order, we propose to dispose of the revision petition without issuing notice to OP No.1/complainant.
As contended by the learned counsel for the revision petitioners, by ex parte interim order dated 13.2.2019 the revision petitioners representing financer have been directed not to sell the repossessed vehicle and to file objection to the interim application on 11.3.2019. Accordingly on 11.3.2019, the revision petitioners filed objection to the interim application. However, instead of hearing the objection, the case was posted to 20.3.2019 when the revision petitioners filed written version. The case was again posted to 10.4.2019 for hearing on the interim application. On 10.4.2019, the matter was adjourned to 20.5.2019 for hearing on the interim application.
While adjourning the case from 11.3.2019 to 20.3.2019 and 20.3.20`19 to 10.4.2019, ex parte interim order was directed to continue. We find that the ex parte interim order should not have been directed to continue on 10.4.2019 as well as on 20.5.2019 in view of provision under Regulation 17 of the Consumer Protection Regulations, 2015.
Since by order dated 20.3.2019 a blanket order was passed for continuance of the interim order, we feel it necessary to observe that the ex parte interim order stood automatically vacated on expiry of 45 days.
With the aforesaid observation, revision petition is disposed of. Learned District Forum is directed to dispose of the interim application upon giving opportunity and hearing to the parties within a period of 30 days from the date of receipt of the copy of this order.
