Orissa

Ganjam

EA/21/2018

Sri K. Girish Babu Achary - Complainant(s)

Versus

Bijayalaxmi Construction Pvt. Ltd - Opp.Party(s)

Mr. Satish Kumar Panigrahi, Advocate & Associates.

04 Mar 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GANJAM,
BERHAMPUR
 
Execution Application No. EA/21/2018
( Date of Filing : 13 Dec 2018 )
In
Complaint Case No. CC/79/2014
 
1. Sri K. Girish Babu Achary
S/o. K. Shyam Sundar AcharyBadakhemundi Street Berhampur.
...........Appellant(s)
Versus
1. Bijayalaxmi Construction Pvt. Ltd
CIN:U452010PCC0123144Represented by its Managing DirectorSri Kartikeswar Bisoyi, S/o Sri Debahari BisoyiHead Office at: N1-66, IRC VillagePs: Nayapalli, Bhubaneswar.
2. Sri Kartikeswar Bisoyi
Managing Director Bhagyalaxmi Construction Pvt. Ltd. S/o Sri Debahari Bisoyi Vill: Dana Chandana Padi Po: Dhanija, Bhetanai Aska, Ps: Aska, Dist: Ganjam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Karunakar Nayak PRESIDENT
 HON'BLE MR. Purna Chandra Tripathy MEMBER
 
For the Appellant:Mr. Satish Kumar Panigrahi, Advocate & Associates. , Advocate
For the Respondent: Mr. J.K.Panda, Advocate., Advocate
Dated : 04 Mar 2020
Final Order / Judgement

DATE OF DISPOSAL: 04.03.2020.

 

                                                           

Shri Karunakar Nayak, President:

 

                        The DHR K.Girish Babu Achary’s case in brief is that he had filed an E.A. No. 21/2018 (arising out of CC No. 79 of 2014) with a prayer to take action against the JDR U/s 27/25 of C.P.Act, 1986 and to direct the JDRs to pay the decretal amount with 18% per annum.

                        2. The JDRs were noticed by this Ld. Forum for their appearance and to file show-cause. The JDR No.2 filed his show-cause. But in the meantime, the Hon’ble State CDR Commission, Odisha, Cuttack passed an order on 6.9.2019 in F.A.No. 327/2018 arising out of CC No. 79/2014 after set aside the impugned order passed by this Ld. Forum and directed the appellant (JDRs) to pay Bank Draft of Rs.5,000/- to each complainants and file written version, upon which the Ld. District Forum shall proceed to dispose the complaint on merit.

                        3.  Accordingly, the JDR deposited Rs.5000/- Bank Draft in favour of the DHR (complainant) and filed his written version. The JDR filed a petition praying therein to drop the E.A. filed by the DHR as the Hon’ble State CDR Commission, Odisha, Cuttack has already set aside the impugned order of Ld. District Forum. The DHR also filed a counter to the complainant’s petition stating there in that the JDR/ OP No.1 was the respondent No.2 in F.A. filed before the Hon’ble State CDR Commission, Odisha, Cuttack as such JDR’s petition may be rejected.

                        4. Heard the advocates of both parties. After perusal and scrutiny of materials on record it reveals that the said E.A. was arising out of CC No. 79/2014.  But in the meantime the Hon’ble State CDR Commission has set-aside the said order passed by this Ld. Forum in CC No. 79/2014 and have remitted back the complaint to this Ld. Forum for disposal. Hence, the E.A.No. 21/2018 arising out of CC No. 79/2014 is dropped.

                              The order is pronounced on this day of 4th March 2020 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.

 
 
[HON'BLE MR. Karunakar Nayak]
PRESIDENT
 
 
[HON'BLE MR. Purna Chandra Tripathy]
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.