Assam

StateCommission

RP/8/2023

THE ORIENTAL INSURANCE CO LTD - Complainant(s)

Versus

SABIDUL ISLAM ALI - Opp.Party(s)

DHRITIMAN DEKA

12 Sep 2023

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Revision Petition No. RP/8/2023
( Date of Filing : 07 Aug 2023 )
(Arisen out of Order Dated in Case No. Complaint Case No. CC/3/2023 of District Dibrugarh)
 
1. THE ORIENTAL INSURANCE CO LTD
THE ORIENTAL INSURANCE CO. D O 3 CODE NO 27220, 4E/14, AZAD BAHWAN, JHANDEWALAN EXTENSION, NEW DELHI
CENTRAL
DELHI
...........Appellant(s)
Versus
1. SABIDUL ISLAM ALI
TINKINIA VISTYPATTY GRAHAM BAZAR DIBRUGARH ASSAM
DIBRUGARH
ASSAM
2. THE MANAGER PUNJAB NATIONAL BANK
PUNJAB NATIONAL BANK ERSTWHILE ORIENTAL BANK OF COMMERCE DIBRUAGRH ASSAM
DIBRUGARH
ASSAM
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MRS. Soneka Borah MEMBER
 HON'BLE MR. Tapas Kumar Ghosh MEMBER
 
PRESENT:
 
Dated : 12 Sep 2023
Final Order / Judgement

                      Mr. D. Deka, learned counsel, for the revision petitioner is present. This revision petition was filed through e-filing on 7-8-2023 challenging and interlocutory order dated 24-3-2023 passed by the learned District Commission, Dibrugarh, in C.C. Case No. 03/2023. In the body of the order sheet of the revision petition a note is recorded by the Registry which is re-produced here-in-below.

“ This Revision petition filed through edaakhil.nic.in against the order dated 24-3-2023 passed by the learned District Commission, Dibrugarh in complainant case No. C.C. 3/2023 without accompanying delay petition. The learned counsel for the petition has not enclosed the certified copy of the said order as per Regulation 21(3) of the Consumer Protection (Consumer Commission Procedure) Regulation 2020.”

                        From the aforesaid note, the Registry is unable to accept the revision petition as on the face of the order dated 24-3-2023 prima facie there is a delay in filing this revision petition which as per the Regulation 14 of the Consumer Protection (Consumer Commission Procedure) Regulation, 2020. On perusal of the purported certified copy of the said order dated 24-3-2023 it is found that the said certified copy of order was issued on 29-5-2023. Apparently, the said certified copy does not conform to the Regulation 21 of the Consumer Protection (Consumer Commission Procedure) Regulation, 2020. For the purpose of this revision petition we hereby quote below the said Regulation 21 of the Consumer Protection (Consumer Commission Procedure) Regulation, 2020.

                        “21. Certified copy:- (1) A copy of the final order is to be given to the parties free of cost as required under the Act and the rules made thereunder. (2) In case a party requires an extra copy, it shall be issued to him duly certified by the Registry on payment of rupees twenty irrespective of number of pages. (3) A certified copy of any order shall clearly specify the date when free copy was issued, date of application, date when the copy was made ready and the date when it was so delivered to him.”

                         From the perusal of the of the said Regulation 21 it is seen that a certified copy of an order shall clearly specify the date when the free copy was issued, date of application, date when the copy was made ready and the date it was so delivered. Here in the present case, the date of delivery, date of application for the certified copy of the said order and the date when the copy was made ready for delivery was missing. In view of the same, the objection  raised by the Registry can be accepted considering that the order impugned in this revision petition was passed on 24-3-2023 and the revision petition was filed on 7-8-2023 which is beyond the specified period of 90 days as referred here-in-above.

            In view of the same, at this stage we cannot entertain with this revision petition, however, liberty is granted to the learned counsel for the revision petitioner to submit the certified copy of the application by which the certified copy of the order dated 24-3-2023 was applied. However, the Registry shall get a clarification from the office of the learned District Commission, Dibrugarh the mode of practice followed in issuing the certified copy of any order including any interlocutory order and the same may be placed before this Commission on its administrative side for necessary action.

            This Revision Petition is accordingly closed. However, granting the liberty to file afresh after fulfilling the defects pointed out by the Registry.  

           

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MRS. Soneka Borah]
MEMBER
 
 
[HON'BLE MR. Tapas Kumar Ghosh]
MEMBER
 

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