Orissa

StateCommission

RP/64/2022

Indusind Bank Ltd - Complainant(s)

Versus

Artatrana Debata - Opp.Party(s)

M/S P.K.Mishra & Assctes

01 Nov 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/64/2022
( Date of Filing : 14 Oct 2022 )
(Arisen out of Order Dated 29/07/2022 in Case No. Complaint Case No. CC/13/2022 of District Malkangiri)
 
1. Indusind Bank Ltd
P.O/P.S-Jeypore,Dist-Koraput
...........Appellant(s)
Versus
1. Artatrana Debata
RWSS office,Mathili,P.O/P.S-Mathali,dist-Malkangiri.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudihralaxmi Pattnaik MEMBER
 
PRESENT:M/S P.K.Mishra & Assctes, Advocate for the Petitioner 1
 
Dated : 01 Nov 2022
Final Order / Judgement

 

         Heard learned counsel for the petitioner.

2.      Learned counsel for the petitioner submitted that the learned District Commission without giving opportunity to the O.P have passed impugned order on the interim application by allowing the prayer made in the main complaint petition. According to him without hearing the case on merit the interim order has been passed. He further submitted to set aside the interim order and allow the O.P to participate in the hearing of the complaint case.

3.      Considered the submission. Perused the impugned order and annexures. It appears that the consumer complaint was filed to direct the O.P to issue NOC against the alleged loan and to pay compensation  with cost. Of course, the impugned order is clear to show that the O.P did not avail the opportunity offered by the District Commission. However, later on, he filed the objection to the petition. No doubt the impugned order has got irregularity by passing order to grant NOC which is prayer in main complaint but cannot be said illegality in absence of step taken by the O.P,  although the present petitioner was offered opportunity to file written version. However, we revise the order by directing the present petitioner to appear before the learned District Commission, Malkangiri and file written version/ counter. Thereafter,   the learned District Commission to hear both the parties and pass speaking order on the interim application keeping in mind to dispose of same within 45 days from the date of receipt of this order. As such the petitioner is directed to appear before the learned District Commission on 21.11.2022  to take further instruction from it.  Till disposal of the petition, the impugned interim order dated  29.7.2022 passed by the learned District Commission, Malkangiri shall not be given effect to.

       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. Sudihralaxmi Pattnaik]
MEMBER
 

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