Orissa

StateCommission

RP/1/2023

Amrita Mohanty - Complainant(s)

Versus

Branch Manager, State Bank of India, Khandagiri Branch - Opp.Party(s)

M/s. R.K. Pattanaik & Associates

05 Jan 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/1/2023
( Date of Filing : 03 Jan 2023 )
(Arisen out of Order Dated in Case No. CC/304/2022 of District Khordha)
 
1. Amrita Mohanty
W/o: Diptish Ranjan Mohapatra, At: Qr. No.IV-78, Delta-B Colony, Unit-VIII, Bhubaneswar -12
Khurda
...........Appellant(s)
Versus
1. Branch Manager, State Bank of India, Khandagiri Branch
At: 10-Khandagiri Square, Ground Floor, P.O/P.S: Khandagiri, Bhubaneswar, Dist.: Khurda
2. Assistant General Manager, State Bank of India
SAME Centre, Unit-I, 4th Floor, Near Capital Police Station, Bhubaneswar -751009
Khurda
...........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 & Associates, Advocate for the Petitioner 1
 
Dated : 05 Jan 2023
Final Order / Judgement

R.P.No. 01 of 2023

             Heard the learned counsel for the petitioner.

2.      Learned counsel for the petitioner submitted  to revise the impugned order dated 14.12.2022 passed by the learned District Consumer Commission, Khurda at Bhubaneswar in IA No. 151 of 2022 arising  out of CC No. 304 of 2022 directing the petitioner  to pay Rs.4,02,766/-  against the outstanding of Rs.37,05,474.64  within a period of thirty days  from the date of the order. He also submitted that due to poor condition of the complainant, she is unable to pay Rs.4,02,766/- within a period of thirty days. He wants to revise the impugned order by extending more time. He has also submitted the above fact before the learned District Commission but they have not considered the same.

3.      Considered the submission. Perused the impugned order. The impugned order passed by the learned District Commission is as follows:-

“ xxx   xxx   xxx

Both parties are present. Heard on the Interim Application. Perused the documents.  As per the statement of accounts filed by the O.Ps, as on 01.01.2022, there is an outstanding of Rs.37,05,474.64 against the complainant. Considering the facts & circumstances of the case, I feel it proper to direct the complainant to deposit  an amount of Rs.4,02,766/-  with the O.ps within  a period of thirty days from the date of this order, otherwise, the interim order so passed by this Commission, shall stand automatically vacated. The complainant is also directed to pay the EMIs regularly to the O.Ps”

 

4.      After going through the impugned order, we are not inclined to interfere with the same. However, we find it just and proper to revise the impugned order by directing the O.P to receive the amount within the period of 45 days from the date of the impugned order.

5.      The order dated 14.12.2022 passed by the learned District Commission, Khurda, Bhubaneswar is revised accordingly.

6.      The 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
 

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