West Bengal

StateCommission

A/1301/2017

Muthoot Finance Ltd. - Complainant(s)

Versus

Debasis Talukdar - Opp.Party(s)

Mr. Harpal Singh

11 Dec 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/1301/2017
( Date of Filing : 14 Dec 2017 )
(Arisen out of Order Dated 23/11/2017 in Case No. Execution Application No. EA/27/2017 of District Burdwan)
 
1. Muthoot Finance Ltd.
Rep. through its Br. Manager, Br. office at 1st Floor, 75, G.T. Road, opp. of Town Hall, P.O. & P.S. - Bardhaman, Pin -713 101.
2. M/s. Muthoot Finance Ltd.
Muthoot Chamber, 2nd Floor, opp., Sarita Theatre Complex, Banerjee Road, Kochi, Kerala - 682 018.
...........Appellant(s)
Versus
1. Debasis Talukdar
S/o Sunil Kumar Talukdar, G.N. Mitra Lane, Parapukur, P.O. & P.S. - Burdwan - 713 101.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Appellant:Mr. Harpal Singh, Advocate
For the Respondent: Mr. Debdas Rudra, Advocate
Dated : 11 Dec 2018
Final Order / Judgement

Sri Shyamal Gupta, Member

Present Appeal is directed against the Order dated 23-11-2017, passed by the Ld. District Forum, Burdwan in EA/27/2017.

It is the case of the Appellants that it was totally ignorant about the whole proceedings that was pending against them before the Ld. District Forum and further that their panel Advocate did not brief them properly.  Stating that the final order was passed in the complaint case in a hasty manner, they prayed for setting aside the order dated 30-08-2017, passed in CC/185/2016.

We have heard both sides in the matter and also gone through the record carefully.

In terms of the Sec. 24 of the Consumer Protection Act, 1986, every order of a District Forum, the State Commission or the National Commission shall, if no appeal has been preferred against such order under the provisions of this Act, be final.

In this Appeal, the Appellants have challenged the Order dated 23-11-2017, passed in EA/27/2017.  Since no Appeal was preferred against the order of the Forum below dated 30-08-2017, passed in CC/185/2016 within the statutory period of limitation, the same attained finality and at this juncture, the vexed issue cannot be re-opened/revisited in this fashion, as sought for by the Appellants.

We find no merit in this Appeal. 

Hence,

O R D E R E D

The Appeal stands dismissed on contest against the Respondent with a cost of Rs. 10,000/- being payable by the Appellants to the Respondent.  The impugned order does not suffer from any sort of infirmity and so the same is hereby upheld.

 

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

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