Orissa

StateCommission

RP/120/2019

The Branch Manager, Cholamandalam Investment & Finance Co. Ltd., - Complainant(s)

Versus

Debasis Jena, - Opp.Party(s)

M/s. R.K. Pattnaik & Associates

08 Jun 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/120/2019
( Date of Filing : 13 Dec 2019 )
(Arisen out of Order Dated in Case No. CC/103/2019 of District Sundergarh II)
 
1. The Branch Manager, Cholamandalam Investment & Finance Co. Ltd.,
1st Floor, Panpose Road, 1st Floor NEXA Show Room Building, Area 7 & 8, Po- Rourkela, P.S.- Raghunathpalli, Dist- Sundergarh.
2. The Regional Manager, Cholamandalam Investment and Finance Company Limited.,
Plot No. 559, Annapurna Complex, 1st Floor, Lewis Road, BJB Nagar, Bhubaneswar.
...........Appellant(s)
Versus
1. Debasis Jena,
S/o- Banamali Jena, R/o- Bidyanagari, Sector-6, Rourkela-2, Ps- Sector, Dist- Sundergarh.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Dr. Smarita Mohanty MEMBER
 
For the Petitioner:M/s. R.K. Pattnaik & Associates, Advocate
For the Respondent: Mr. A.K. Samal, Advocate
Dated : 08 Jun 2020
Final Order / Judgement

           Heard learned counsel for the petitioners and learned counsel for the OP.

2.        It is submitted by the learned counsel for the petitioners that before the interim impugned order was passed, there was already an arbitral award and the District Forum lacks jurisdiction to entertain the complaint. In spite of request of the present petitioners the learned District Forum passed order directing the petitioners not to repossess the vehicle till further orders. Further it is submitted that the District Forum lacks pecuniary jurisdiction as the cost of the vehicle is Rs.23,32,419/-.

3.        Learned counsel for the OP submits that there is no iota of proof to the submission of learned counsel for the petitioners.

4.        Considering the submissions of respective parties, learned District Forum is directed to hear both the parties on the question of maintainability of the complaint first. It is open for both the parties to raise their respective submissions as submitted in this Commission. The order should be complied within 15 days from the date of receipt of the copy of this order. Both parties are directed to appear before the learned District Forum on 18.6.2020 to receive further instruction from it. 

5.        Impugned order is set aside and revision is allowed.

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

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