Orissa

Kalahandi

CC/76/2018

Kalahandi Consumer Welfare Organization(Regd.). Represented by Its General Secretary , D.N Sharma - Complainant(s)

Versus

Commissioner Cum-Secretary to Government Panchayat Raj Department - Opp.Party(s)

D.N Sharma

16 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KALAHANDI
NEAR TV CENTRE PADA, BHAWANIPATANA, KALAHANDI
ODISHA, PIN 766001
 
Complaint Case No. CC/76/2018
( Date of Filing : 27 Nov 2018 )
 
1. Kalahandi Consumer Welfare Organization(Regd.). Represented by Its General Secretary , D.N Sharma
At/Po/Ps-Bhawanipatana,Dist-Kalahandi,Odisha
Kalahandi
Odisha
...........Complainant(s)
Versus
1. Commissioner Cum-Secretary to Government Panchayat Raj Department
Panchayat Raj Department Odisha Secretariat,SACHIVALAYA Marg, Bhubaneswar,751001
Khurdha
Odisha
2. Collector and District Magistrate ,Kalahandi
At/po/ps-Bhawanipatna
Kalahandi
Odisha
3. Dist Panchayat Officer
At/Po/PS-Bhawanipatna
Kalahandi
Odisha
4. Block Development Officer,Narla Block
At/po-Narla ,Dist-Kalahandi
Kalahandi
Odisha
5. Prime Minister's
New Delhi,110011
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Aswini Kumar Patra PRESIDENT
 HON'BLE MR. Sudhakar Senapothi MEMBER
 
PRESENT:D.N Sharma, Advocate for the Complainant 1
 
Dated : 16 Nov 2022
Final Order / Judgement

Case record taken up today for hearing .Parties are absent on call. In view of provision contended u/s 38(c) of C.P Act 2019 we think it proper to decided the complaint on merits though the complaint failed to appear on the date fix for hearing.

Perused the previous orders and found that the case was filed on 27.11.2018 with a prayer for an order directing the O.Ps to construct the G.P building at village Ranipeta as per the earlier notification of the Govt. without further delay. This complaint is lingering till date due to non appearance of the complainant though the O.Ps have filed their  written version on 08.01.2020 denying the allegation made in the complaint and have challenged the maintainability of this complaint.

As per sec 38(6) of C.P Act 2019 every complaint is to be heard by the District C.D.R, Commission on the basis of affidavit and documentary evidence placed on record. Here both the parties failed to adduce their evidence so also averments of neither party are supported by their affidavit as to the truthness of their pleadings filed before this commission. However, perused the material available no record we have given our thoughtful consideration to the respective contention of the parties.

The complainant has failed to prove that, they are the consumers /beneficiary of any services of the Ops or have purchase any goods for consumption form the opposite parity for consideration.

 In view of the above facts and circumstances we are of the opinion that the complainant san merits is dismissed against the O.Ps on contest. There is no order as to cost. The complaint is disposed of accordingly.

Free copy of this order be supply to the respective parties or they may download the same from the Confonet to treat the same as copy of the order receipt from this Commission.

 
 
[HON'BLE MR. Aswini Kumar Patra]
PRESIDENT
 
 
[HON'BLE MR. Sudhakar Senapothi]
MEMBER
 

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