NCDRC

NCDRC

FA/279/2012

ORISSA STATE FINANCIAL CORPORATION - Complainant(s)

Versus

M/S. RAMAN EDUCATION SOCIETY - Opp.Party(s)

MR. SOUMYAJIT PANI

01 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 279 OF 2012
 
(Against the Order dated 30/03/2012 in Complaint No. 85/2010 of the State Commission Orissa)
1. ORISSA STATE FINANCIAL CORPORATION
Represented by its Managing Director, OMP Square,
District -Cuttack-753003
ORISSA
...........Appellant(s)
Versus 
1. M/S. RAMAN EDUCATION SOCIETY
Represented By Secretary Shri Sanjeeb Kumar Rout, S/o Shri Bansidhar Rout, at Plot No. A/17, P.O.- Mancheswar Industrial Estate,
Bhubaneswar
Distt- KHURDA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :
Mr. Soumyajit Pani, Advocate
For the Respondent :
Ms. Pragnya Routray, Advocate

Dated : 01 Aug 2013
ORDER

 

          Counsel for the Respondent fairly concedes that the complaint filed by the Respondent before the Orissa State Consumer Disputes Redressal Commission was not maintainable because the authorities under the Consumer Protection Act, 1986 did not have the jurisdiction to decide the complaint.  The State Commission has allowed the complaint.  Counsel for the Respondent seeks to withdraw the complaint, reserving liberty to the Respondent to seek redressal of its grievances before appropriate forum.  

           In view of the statement made by the Counsel for the Respondent, appeal is accepted.  Order of the State Commission is set aside.  The complaint filed by the Respondent is dismissed as withdrawn reserving liberty with the Respondent to seek redressal of its grievance from the appropriate forum along with an application under Section 14 read with Section 5 of the Indian Limitation Act seeking to exclude the time spent in the consumer Fora while calculating the limitation in the light of the observations of the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583.   

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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