Orissa

StateCommission

RP/21/2020

Mahindra & Mahindra Financial Services Ltd. - Complainant(s)

Versus

Dilip Kumar Jena - Opp.Party(s)

M/S P.K.Ray & Assctes

29 Jun 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/21/2020
( Date of Filing : 10 Jun 2020 )
(Arisen out of Order Dated 24/01/2020 in Case No. CC/148/2019 of District Jagatsinghapur)
 
1. Mahindra & Mahindra Financial Services Ltd.
Having its Regd. office at- Sadhana House, Worli, mumbai and Branch office at- Urmilla Market Complex, At/Po/Ps- madhupatna, Dist- Cuttack, represented through its constituted attorney and authorized representative Mr. Akash Kumar Panda.
...........Appellant(s)
Versus
1. Dilip Kumar Jena
S/o- Pradipta Kishore Jena, At- Plot No. LIG 109, housing Board Colony, Po- Charbatia, Choudwar, Ps- Choudwar, Dist- Cuttack.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Smarita Mohanty MEMBER
 
For the Petitioner:M/S P.K.Ray & Assctes, Advocate
For the Respondent:
Dated : 29 Jun 2020
Final Order / Judgement

             Heard learned counsel for the revision petitioner.

2.        Learned counsel for the revision petitioner submitted that they have challenged the order dated 24.1.2020 where the following order has been passed by the learned District Forum:-

                             “xxx           xxx     xxx

            Advocate for complainant filed continuation petition. Advocate for opposite parties take no steps. Heard the complainant. Perused the materials found on the record. It is clear that the over dues installments against the complainant is Rs.3,50,939/- as on 31.12.2019So we consider the matter keeping in view circumstances and facts we directed the complainant to pay one installment within 30 days from the date of order and the order vide No. 01 dt. 11.12.2019 in misc. case No. 81 of 2019 is hereby made absolute, leaving rest to be decided at the disposal of consumer complaint.”

3.        Learned counsel for the revision petitioner submitted that they could not appear before the learned District Forum on 24.1.2020 due to some unavoidable circumstances and if they would have been given an opportunity of being heard, they would challenge the earlier order and also challenge the maintainability of the complaint as the same point has not been considered while passing the impugned order.

4.        We have also gone though the impugned order and find that there are good numbers of amount allegedly outstanding against the OP/complainant but without any basis the learned District Forum have made the interim order absolute. Moreover, the petitioner was absent on that date. So, we find there is force with the submission of learned counsel for the petitioner and accordingly, impugned order dated 24.1.2020 liable to be  set aside. We hereby direct the learned District Forum to give an opportunity of being heard to the petitioner and also the complainant on the interim petition and pass speaking order. Moreover, if there is petition to hear the matter on maintainability, the same also should be heard while hearing on the interim petition.

5.         Hence, the impugned order is set aside and the revision petition is allowed. However, the learned District Forum is directed to hear the case expeditiously as per above observation and dispose of the same within a period of one month from the date of filing of the certified copy of this order. It is made clear that free copy of this order be given to the learned counsel for the petitioner who will place same before the learned District Forum on 13.7.2020.

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

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