Orissa

StateCommission

A/138/2007

Manging Director, Agricultural Promotion & Investment Corporation of Orissa Ltd., APICOL - Complainant(s)

Versus

Kartika Chandra Jena, - Opp.Party(s)

M/s. K. Jena & Assoc.

24 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/138/2007
( Date of Filing : 08 Feb 2007 )
(Arisen out of Order Dated in Case No. of District )
 
1. Manging Director, Agricultural Promotion & Investment Corporation of Orissa Ltd., APICOL
Plot No. 326, Baramunda, Bhubaneswar, Dist- Khurda.
...........Appellant(s)
Versus
1. Kartika Chandra Jena,
S/o- Late Gayadhar Jena, At- Tikara, Akhuapada, Bhadrak.
2. Secretary, Nerada Service Co-operative Society Ltd.,
Narendra, Akhuapada, Dist- Bhadrak.
3. Branch Manager, DCC Bnak
Bhandaripokhari Branch.
4. Krushi Sahayak-cum-District Agriculture Officer,
Dist- Bhadrak.
5. Secretary, Abalasore District Co-operative Bank Ltd.,
Balasore.
6. Nakula Ch. Das,
Gohirani, Bhadrak.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER
 HON'BLE MR. Hemanta Kumar Mohanty MEMBER
 
PRESENT:M/s. K. Jena & Assoc., Advocate for the Appellant 1
 M/s. Baidhar Sahoo & Assoc.R-2,3 & 5, Advocate for the Respondent 1
Dated : 24 Mar 2023
Final Order / Judgement
          Learned Counsels Mr. K.K. Jena, Mr. A.B. Mohanty and Mr. Baidhar Sahoo are present on behalf of the Appellant, Respondent No. 1 and Respondent No. 2, 3 and 5 respectively.
          Learned Counsel for the Appellant has filed a Memo stating therein, 
         "In view of the Affidavit filed on behalf of  the Respondent No.1/Complainant, stating therein that he has complied with the order of the District Forum & he has no grievance against the APICOL (Appellant) & others, cause of action does not survive  thereafter, since Respondent No.1 has already received the subsidy amount of Rs.8,584/- from the APICOL (Appellant).
          Therefore, the above mentioned First Appeal No.138/2007 may be disposed of accordingly as the same is infructuous.
          Secondly the Counsel for Respondent No.2,3 and 5 has also filed a memo stating therein
"that the Respondent No. 1(Complainant in the court below) has filed Affidavit dated 17-03-2023 and Memo has been filed by Appellant 
as F.A is infructuous in view of affidavit. Hence the F.A may be disposed of as infructuous being Complainant has no claim as per his affidavit". 
          Memos be kept in record.
         Heard the learned Counsels appearing on behalf of respective Parties. Perused the memos filed by Appellant, Respondent No.2, 3 and 5 and the affidavit filed by Complainant.
         In such view of the matter as narrated above the Appeal stands disposed of in terms of the memo filed by learned Counsel of  the  Appellant, at the risk of Appellant.
          Statutory amount may be refunded to the Appellant  on proper  identification.
          Send back the DFR.
 
 
[HON'BLE MR. Dilip Kumar Mohapatra.]
PRESIDING MEMBER
 
 
[HON'BLE MR. Hemanta Kumar Mohanty]
MEMBER
 

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