Orissa

StateCommission

RP/23/2023

Cholamandalam Investment & Fin Ltd - Complainant(s)

Versus

Akshya Kumar Das - Opp.Party(s)

M/S R.K.Pattanaik & Assoc.

10 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/23/2023
( Date of Filing : 03 Mar 2023 )
(Arisen out of Order Dated 06/02/2023 in Case No. CC/160/2022 of District Khordha)
 
1. Cholamandalam Investment & Fin Ltd
1st Floor No.2 , N.S.C Bose Road Parrys Chennai-6000001 , India
2. Cholamandalam Investment & Finance Co.Ltd
Plot No 559, Arnapurna complex , 1st Floor Lewis Road , Cuttack Road, Bhubaneswar-751014
...........Appellant(s)
Versus
1. Akshya Kumar Das
S/O Harmohan Das , Nursing Home , Pallahat, Khurda-752056
...........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:M/S R.K.Pattanaik & Assoc., Advocate for the Petitioner 1
 
Dated : 10 Mar 2023
Final Order / Judgement

 

            Heard the learned counsel for the petitioners.

2.         The only allegation of the petitioner is that  he has not been given opportunity of being heard. Earlier the interim  application has been already dismissed but again the interim application is filed after which the impugned order was passed not to sell  the vehicle. He also submitted that long date was given for hearing of the misc.case but undisputedly the matter is disposed of without hearing of the present petitioners. Therefore, he prayed to set aside the interim order dated 6.2.2023.

3.         Considered the submission. Perused the order.

4.         The  impugned order dated 06.02.2023 of the learned District Commission is as follows:-

                                    “xxx                     xxx                         xxx

The advocate for the complainant files an Interim application supported by affidavit, praying for interim order U/S 38(8) of C.P.Act,2019, which is put up for consideration. In the facts & circumstances of the case, however, as an interim measure, the O.Ps are directed not to sell the vehicle of the complainant bearing registration No.OD-02-AV-4496 to any 3rd party outsider till appearance.

Communicate the O.ps accordingly and put up on the date fixed i.e on 21/04/2023 for hearing on the above petition filed U/s 38(8) of C.P.Act,2019 on merits  in presence of both sides if objectin is filed  by the O.ps or else the above order shall be made absolute and the petition shall stand disposed of accordingly.

4.         The aforesaid order clearly shows that the O.Ps were not given opportunity of being heard .The impugned order was passed not to sell the vehicle.Since the impugned order was passed without hearing the OPs, we hereby direct the learned District Commission to  hear the matter afresh  by giving opportunity to the O.Ps and dispose of the interim  application within a period of 15 days from the date of production of this order.Learned counsel for the petitioners is directed to produce the copy of this order before the learned District Commission on 28.03.2023 to take further instruction from it.

5.         Revision petition 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
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.