Orissa

StateCommission

RP/97/2023

Smt. Sanjukta Sahoo - Complainant(s)

Versus

Ashok Barik, - Opp.Party(s)

Mr D.R. Ray

08 Aug 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/97/2023
( Date of Filing : 04 Aug 2023 )
(Arisen out of Order Dated 05/04/2021 in Case No. CC/76/2021 of District Puri)
 
1. Smt. Sanjukta Sahoo
W/o- Late Arakhita Sahoo, At- Baisibati, Brahmagiri, Dist- Puri.
...........Appellant(s)
Versus
1. Ashok Barik,
At Present branch Manager, Punjab National Bank, Chakra Tirtha road, Near VIP Road, Sea Beach, Dist- Puri.
2. Manmohan Hota,
Authorised Officer, Punjab National Bank, Secured Creditor Office of Circle, Sastra Centre, Bhubaneswar, Jagamara, Khordha.
3. The Assistant General Manager,, Punjab National Bank,
MID Corporate Centre,Plot No. 2273/4103, Jaydev Vihar, Bhubaneswar, Dist- Khordha.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:Mr D.R. Ray, Advocate for the Petitioner 1
 
Dated : 08 Aug 2023
Final Order / Judgement

R.P.No.97of 2023

          I.A.No. 808 of 2023            

           The Interlocutary Application No.808 of 2023 has been filed by the complainant Smt. Sanjukta Sahoo, aged about 63 years praying for staying the e-auction notice dated 5.7.2023 vide Annexure-2 to the Revision Petition No. 97 of 2023.

           Learned District Commission passed the interim order on 05.04.2021 in C.C. Case No. 76 of 2021. The relevant portion of the interim order is quoted below:-

    “xxxx  Hence, we direct to the opposite parties bank not to make any proceed for auction of movable and immovable properties of the said Hari Shankar Cashew Factory until further orders. At the same time, the complainant is also directed to repay the amount with the satisfaction of the opposite parties Bank towards loans after duly considered the application for additional loan made by the complainant on dated 8.10.2020 by the opposite parties Bank.xxx ”

 

           Learned counsel for the Revision Petitioner also submitted in paragraph-2 of the Revision Petition that the District Commission, Puri is functioning once in a week and on 01.08.2023, the District Commission was not functioning and as such, he filed the Revision Petition before this Commission.

           The petitioner has filed the notice dated 5.7.2023 vide Annexure-2 to Revision Petition showing the outstanding dues against the complainant is Rs.95,00,000/- as on 05.7.2023 as per Annexure-2 to the Revision Petition.

           Learned counsel for the Revision Petitioner also filed a copy of the Valuation Report of the Registered Valuer of the Bank’s Panel in which it is mentioned that sale value of the property is Rs.1,37,35,000/- and the market value of the property as on 2016 is Rs. 1,61,59,000/-.

           Considering the facts and circumstances of the case and the petitioner being a Senior Citizen and old ailing widow, we dispose of the Revision Petition with a direction to the learned District Commission, Puri to dispose of the C.C. No. 76 of 2021 within a period of one month from the date of receipt of this order.

           Till then, the opposite parties-Bank shall not take any coercive action against the complainant

           The I.A.No. 808 of 2023 is also disposed of.

          

 
 
[HON'BLE MR. Dilip Kumar Mohapatra.]
PRESIDING MEMBER
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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