Orissa

StateCommission

RP/34/2021

The Branch Manager, Cholamandalam Investment & Finance Company Ltd - Complainant(s)

Versus

Sadruddin Ansari - Opp.Party(s)

M/S R.K.Pattanaik & Associates.

11 May 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/34/2021
( Date of Filing : 30 Apr 2021 )
(Arisen out of Order Dated 09/04/2021 in Case No. CC/29/2021 of District Sundargarh)
 
1. The Branch Manager, Cholamandalam Investment & Finance Company Ltd
1st Floor, Above NEXA Show Room Dua Complex, Civil Township, Rourkela, Dist- Sundergarh.
2. Director, Cholamandalam Investment and Finance Company Limited,
Regd. Office at Dare House, 1st Floor No.2, NSC Bose Road, Parrys, Chennai-600001.
...........Appellant(s)
Versus
1. Sadruddin Ansari
S/o- Abdul Qayum, Ro- Ananda Bhawan Lane, Rourkela-1, Near RSP Main Gate, Rourkela Steel City, Dist- Sundergarh.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:M/S R.K.Pattanaik & Associates., Advocate for the Petitioner 1
 
Dated : 11 May 2021
Final Order / Judgement

        

The defect is ignored since copy of the impugned order is already filed. Similar matter has already been disposed of vide RP No. 33 of 2021.

2.      Heard learned counsel for the petitioner.

3.      Considered the submission of learned counsel for the petitioner and perused the impugned order.

4.      It appears from the impugned order that the complainant apprehending the repossession of the vehicle has approached the learned District Commission and learned District Commission passed the order not to repossess the vehicle until further orders. It appears that the learned District Commission has not heard the present petitioner. Mere apprehension of repossession is not enough to exercise power u/s 38 of the Consumer Protection Act (hereinafter called “The Act”), 2019. Apart from this, hearing of the OP before passing any such order was imperative.

5.      Hence, without going to the merit of the case, this revision petition is disposed of with a direction to the learned District Commission to give opportunity to the present petitioner to file objection to the interim application and hear both the parties on the interim petition and pass appropriate order within a period of 30 days from the date of receipt of this order. Till disposal of the interim petition the order passed by the learned District Commission is stayed. Petitioner is directed to appear on 1.6.2021 before the learned District Commission to take further instruction from it.

6.      The revision petition is disposed of accordingly.

Supply free copy of this order to the respective parties.        

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 

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