Heard learned counsel for both sides.

2.      Learned counsel for the petitioner submitted that the learned District Commission passed order u/s 38(8) of the Consumer Protection Act, 2019 on the application made by the complainant. According to him the complainant has obtained loan from the OP – Bank by mortgaging property but under the SERFAESI Act, 2002 the OP took action and complainant filed consumer complaint before the learned District Commission, Nuapada and learned District Commission without considering the maintainability of the complaint passed the ex parte order. He submitted that according to the decisions of the Hon’ble Apex Court the compliant is not maintainable. Therefore, he submitted to set aside the impugned order by allowing the appeal.

3.      Learned counsel for the OP/complainant  submitted that the present petitioner has harassed the complainant. Learned counsel for the complainant submitted that they have incurred loan of Rs.36,00,000/- out of which has paid Rs.26,00,000/- but in the  moratorium period issued by the Reserve Bank of India, he has not paid the rest of the amount. In the meantime, the OP has taken all measure to recover that amount even if it is prohibited under the RBI guidelines. He has admitted to have received the notice u/s 13(2) of the SERFAESI Act, 2002. Therefore, he submitted that the revision has no merit.

4.      Considered the submissions of both parties and perused the impugned order.

5.      The impugned order itself is clear to show that there is notice already issued u/s 13(2) of the SERFAESI Act, 2002 and follow up action has been already taken by the D.R.T., Cuttack. In spite of that the learned District Commission passed the ex parte order. No doubt there is provision under the Consumer Protection Act to hear the matter on maintainability of the complaint. When the notice has been issued under the SERFAESI Act, it was for the learned District Commission to hear the case on maintainability. Therefore, without expressing any opinion on the merit of the case, we hereby direct the learned District Commission to hear the case on maintainability and pass appropriate order in accordance with law within a period of 45 days from the date of receipt of this order. Both the parties are directed to appear before the learned District Commission on 26.12.2022 to receive further instruction from it.

6.      The revision petition is disposed of accordingly.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.