Orissa

Baleshwar

CC/5/2018

Sri Trailokya Mohalik, aged 40 years - Complainant(s)

Versus

M/s. Aradhya Automobiles represented by Proprietor Sri Biswanath Panda - Opp.Party(s)

Sj. Sanjeeb Kumar Nayak & others

19 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/5/2018
( Date of Filing : 19 Jan 2018 )
 
1. Sri Trailokya Mohalik, aged 40 years
S/o. Late Narayan Mohalik, At- Kalyan Nagar (Angargadia), P.O- Balasore, P.S- Industrial Area, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. M/s. Aradhya Automobiles represented by Proprietor Sri Biswanath Panda
At/P.O/P.S- Sahadevkhunta, Dist- Balasore.
Odisha
2. The Branch Manager, IndusInd Bank Ltd., Balasore
At/P.O/P.S/Dist- Balasore.
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHANTANU KUMAR DASH PRESIDENT
 HON'BLE MR. SARAT CHANDRA PANDA MEMBER
 HON'BLE MS. SURAVI SHUR MEMBER
 
For the Complainant:Sj. Sanjeeb Kumar Nayak & others, Advocate
For the Opp. Party:
Dated : 19 Feb 2018
Final Order / Judgement

                                         The Adv. for the Complainant files hazira & present. He files a document as per list vide Annexure-2/A. Perused the same along with Annexure-2, where Registration Number was not mentioned and in Annexure-2/A though Registration number is mentioned in the both documents receipt no. is same i.e. 47/2016. But, the date is 22.07.16 and 21.07.16 respectively, which is contradictory to each other. Furthermore, the balance amount of Rs.1,23,000/- to be paid by cash, but no such document has been filed regarding payment of the same. So, in such basic irregularities, the Complainant has not come with clean hands and primafacie matter is wanting regarding full payment of the due amount, for which he came to the Forum for deficiency of service. So, when primafacie case is wanting and material documents are not filed regarding it, we are of the opinion that it is not a fit case to admit the claim petition and it is rejected accordingly. However, the Complainant is at liberty to file the case along with relevant documents within time excluding the period spent in this case. 

 
 
[HON'BLE MR. SHANTANU KUMAR DASH]
PRESIDENT
 
[HON'BLE MR. SARAT CHANDRA PANDA]
MEMBER
 
[HON'BLE MS. SURAVI SHUR]
MEMBER

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