Orissa

StateCommission

RP/33/2021

Branch Manager, Cholamandalam Investment & Fin ance Company Ltd - Complainant(s)

Versus

Chandeswar Ray - Opp.Party(s)

M/S R.K.Pattanaik & Associates.

11 May 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/33/2021
( Date of Filing : 30 Apr 2021 )
(Arisen out of Order Dated 12/04/2021 in Case No. CC/22/2021 of District Sambalpur)
 
1. Branch Manager, Cholamandalam Investment & Fin ance Company Ltd
2nd Floor, Panda Complex, Near Mohanty Sweets, At/Plot No. 4434/5943, Khata No. 1067/1021, Main Road, BTM, Po- Ekatali, Dist- Jharsuguda.
...........Appellant(s)
Versus
1. Chandeswar Ray
S/o- Shivjee Ray, R/o- Panchapada, ward No. 9, Ps/Dist- Jharsuguda, presently residing at- Sason, Po/Ps- Season, Dist- Sambalpur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:M/S R.K.Pattanaik & Associates., Advocate for the Petitioner 1
 
Dated : 11 May 2021
Final Order / Judgement

               

         Defect removed.

          Heard learned counsel for the petitioner.

2.      Considered the submission of learned counsel for the petitioner and perused the impugned order.

3.      It appears from the impugned order that the complainant apprehending the repossession of the vehicle has approached the learned District Commission and learned District Commission passed the order not to repossess the vehicle until further orders. It appears that the learned District Commission has not heard the present petitioner. Mere apprehension of repossession is not enough to exercise power u/s 38 of the Consumer Protection Act (hereinafter called “The Act”), 2019. Apart from this, hearing of the OP before passing any such order was imperative.

4.      Hence, without going to the merit of the case, this revision petition is disposed of with a direction to the learned District Commission to give opportunity to the present petitioner to file objection to the interim application and hear both the parties on the interim petition and pass appropriate order within a period of 30 days from the date of receipt of this order. Till disposal of the interim petition the order passed by the learned District Commission is stayed. Petitioner is directed to appear on 1.6.2021 before the learned District Commission to take further instruction from it.

5.      The revision petition is disposed of accordingly. Supply free copy of this order to the respective parties.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 

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.