Orissa

Baudh

CC/46/2022

Sailabala Mishra - Complainant(s)

Versus

Executive Engineer, TPSODL, Boudh Section,Boudh - Opp.Party(s)

B.C.Behera,A.Meher

04 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BOUDH
NEAR CIRCUIT HOUSE, BOUDH, 762014
 
Complaint Case No. CC/46/2022
( Date of Filing : 26 Dec 2022 )
 
1. Sailabala Mishra
W/O-Late Padma Charan Mishra At-Maulsinga,Po-Butupali P.S/Dist:Boudh
...........Complainant(s)
Versus
1. Executive Engineer, TPSODL, Boudh Section,Boudh
At/Po/P.S/Dist:Boudh-762014
2. Asst.Engineer (S.D.O),TPSODL,Boudh Division,Boudh
At/Po/P.S/Dist:Boudh-762014
3. Chief Executive Officer,TPSODL.
At-Courtpeta,Berhampur-760004 Ganjam,Odisha-762004
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Himansu Bhusan Nayak PRESIDENT
 HON'BLE MR. Pradeep Kumar Nayak MEMBER
 
PRESENT:B.C.Behera,A.Meher, Advocate for the Complainant 1
 O.P.Mishra,P.Bishi,A.Sahoo ,S.Sadangi, Advocate for the Opp. Party 1
Dated : 04 Dec 2023
Final Order / Judgement

   The Ld.Counsel both the parties are present. The power of attorney holder of the complainant submits that there is inherent defect in the body of the complaint which is impossible to be rectified and owing to such ground he wants to withdraw the complaint with the liberty to file afresh if required. The said withdrawal petition dtd.28.08.2023 has been served to the O.Ps which has been received with objection but despite opportunity no objection has been filed. However, the Ld.Counsel for the O.Ps orally objected stating no fresh opportunity to file a new case should be granted in favour of the complainant. In view of the above facts and circumstance the petition is heard on merit. Peruse the case record and document available on record. The nature of dispute between the parties are relates to deficiency in service and unfair trade practice and the complainant has been reportedly suffered mental agony and other loss. In our considerate view, it would be better to allow the petition of the complainant by allowing her to withdraw the present complaint. Accordingly the liberty is granted in her favour to file complaint afresh, if needed. The benefit of section 14 of limitation act can be extended in her favour. The matter is disposed of.

      Copy of this order be supplied, if applied for.

 
 
[HON'BLE MR. Himansu Bhusan Nayak]
PRESIDENT
 
 
[HON'BLE MR. Pradeep Kumar Nayak]
MEMBER
 

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