Orissa

StateCommission

RP/57/2016

Dr. Prasant Kumar Swain - Complainant(s)

Versus

Mr. Anirudh Poddar, - Opp.Party(s)

M/s. R.K. Pattnaik & Assoc.

15 Sep 2016

ORDER

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Revision Petition No. RP/57/2016
(Arisen out of Order Dated 12/07/2016 in Case No. CC/156/2014 of District Cuttak)
 
1. Dr. Prasant Kumar Swain
Flat No. 1 D, Sunny Citadel Apartment, Gajapatinagar, Bhubaneswar.
...........Appellant(s)
Versus
1. Mr. Anirudh Poddar,
Director, Starlite Commercial Pvt. Ltd., Starlite House, Plot No. 292, Rasulgarh, Behind Raheman Petrol Pump, Bhubaneswar.
2. Mr. Anirudh Poddar,
Director, Starlite Commercial Pvt. Ltd., Starlite House, Plot No. 292, Rasulgarh, Behind Raheman Petrol Pump, Bhubaneswar.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. G.P. Sahoo PRESIDING MEMBER
  Smarita Mohanty MEMBER
 
For the Petitioner:M/s. R.K. Pattnaik & Assoc., Advocate
For the Respondent: M/s. G. Tripathy & Assoc., Advocate
Dated : 15 Sep 2016
Final Order / Judgement

Learned counsel Mr.  G. Tripathy and associates enter appearance on behalf of o.p. by filing vakalatnama which is accepted and kept on record.

Heard learned for both parties on the point of admission.

The Revision Petition is admitted.

On consent of learned counsel for both parties hearing of the revision is taken up.

Heard.

This revision Petition has been filed by the petitioner to direct the District Forum, Khurda to dispose of C.C. no. 156 of 2014 pending before the said Forum expeditiously without granting any adjournment.

It is submitte by the learned counsel for the petitioner that the complainant had filed the complaint on 30.4.2016 . the o.p. appeared in this case through their counsel on 14.8.2014 . Till 10.2.2015 , O.Ps. have failed to file written version which is more than six months. Even, thereafter tha case adjourned to 24.3.2015 , fo rfiling written version. Thereafter, no written version was filed on 24.3.2015 and the case was adjourned to 5.5.2015 for hearing . Thereafter, on 9.6.2015 order was passed for filing of evidence on affidavit by the complainant and an opportunity was given to the O.Ps. to file written version along with evidence on affidavit on the next date. Ultimately, wrirtten version was filed on 7.9.2015 and the case was adjourned to 29.9.2015 for filing evedence on affidavit and hearing. Thereafter, the case was adjourned from the date as because some time the complainat has filed reply to the written version, for filing copy of the Consumer Complaint no.61 of 2015 filed before this Commission and filing or rejoinder by the complainant. None of the parties have yet filed evidence on affidavit. It is also found from the certified copy of the order sheet that on 17.11.2015 , last chance was given for hearing and the case was adjourned due to absence of the complainnat. Even on 12.1.2016, the hearing was adjourned without giving any reason by the District Forum. Though as per law, Consumer Complaint is to be disposed of within three months., but this Consumer Complaint is pending since last two years without any progress.

Taking into consideration the submission of learned counsel for both parties, it is felt that the consumer Complaint should be disposed at the erliest.

Hence,the revision Petition is allowed on contest. Learned District Forum , Khurda at Bhubaneswar is directed to dispose of the Consumer Complaint no. 156 of 2014 within a period of four months hence wthout giving any unnecessary adjournment to any of the parties.

Communicate this order to the learned District Forum, Khurda at Bhubaneswar immediately.

 
 
[HON'BLE MR. G.P. Sahoo]
PRESIDING MEMBER
 
[ Smarita Mohanty]
MEMBER

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