Heard the learned counsel for both sides.

2.      We have gone through the impugned order and both parties have submitted that the matter should be remanded to the learned District Commission for fresh hearing and pass appropriate order.

3.      After hearing of both parties, perused impugned order, the learned District Commission have passed the impugned order, the operative portion of which is as follows:-

“ xxx    xxx    xxx

Taking into consideration of facts and laws and direction of Hon’ble SCDRC, we are of the opinion that the O.Ps are liable to pay the instalments Rs.74,500/- from the date of seizure i.e 27.12.2021 till its release. Further the O.Ps are directed to a fine of Rs.1,00,000/- in both the occasion showing  disrespect of DCDRC/SCDRC order,during pendency sent sale notice as a disobedience to Commissions and further Rs.10,000/- per months as a subsistence maintenance for livelihood till release of the vehicle of a young unemployed youth,within 15 days. All the above ordered amount shall be deducted from the principal loan amount failing which the O.ps shall liable to pay @9% per annum till its payment. Further it is directed that the R.T.O,Jharsuguda shall not take any coercive action against the vehicle till finalization of dispute or till its released by O.ps.

Issue extract of order to the parties for compliance.”

4.      It appears from the impugned order that the learned District Commission has purportedly passed order U/S 38(8) of C.P.Act,2019. But the above impugned order does not disclose same as an interim order, it shows as if passed  mixture of final order and   interim order which is not required to be passed U/S 38(8) of the Act.

5.      The complaint case can be disposed of after hearing of both parties. Moreover, if the order passed U/S 38(8) or 38 (3) (c) of the Act are not complied then Section 71 and 72 or both be applied but in the case in hand final order of the complaint case along with the execution proceeding have been  disposed of.

5.      In view of the above discussion, we find the impugned order is liable to be set aside and is set aside by remitting the matter to the learned District Commission,Kendrapara for denovo hearing where both parties are directed to be present and learned District Commission would give opportunity of being heard to both parties. Therefore, we direct the learned District Commission to pass speaking order afresh after hearing of both parties by treating the petition U/S 38(8) of C.P.Act,2019.  We will also be happy if the learned District Commission would  dispose of the complaint case within a period of two months from today in accordance with law.

6.      Revision petition is disposed of accordingly.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.