Orissa

StateCommission

RP/90/2023

Piramal capital and Housing Finance Ltd - Complainant(s)

Versus

Saroj Kumar Sahoo - Opp.Party(s)

M/S D.P.Tripathy & Assctes

07 Aug 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/90/2023
( Date of Filing : 31 Jul 2023 )
(Arisen out of Order Dated 05/06/2023 in Case No. Complaint Case No. CC/8/2023 of District Cuttak)
 
1. Piramal capital and Housing Finance Ltd
registered office at- 4th Floor, Piramal Tower , Peninsula Corporate Park , Ganapath Rao Kadam Marg, Lower Parel ,Mumbai. its Branch Office at-102, Aditya Plaza, 1st Floor, Bhoumanagar, unit-IV, Bhubaneswar.
...........Appellant(s)
Versus
1. Saroj Kumar Sahoo
S/o Late Sanatan Sahoo Vill-Ratagarh Lenkasahi, Godisahi , Baranga, Dist- Cuttack -754006.
2. Swagatika Sahoo
D/O late Sanatan Sahoo, Kantilpo, Keshpur, CRRI Cuttack-753006
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 
PRESENT:M/S D.P.Tripathy & Assctes, Advocate for the Petitioner 1
 
Dated : 07 Aug 2023
Final Order / Judgement

        Heard learned counsel for  the petitioner.

2.      This revision petition has been filed challenging the interim order dated 5.6.2023 passed by the learned District Commission, Cuttack in CC No. 08 of 2023.

3.      Perused the impugned order. The complaint petition was admitted on 30.1.2023 and notices were issued to the OPs which were received by the OPs on 23.3.2023. As per the Consumer Protection Act, 2019 written version should be filed within 30 days from the date of receipt of the notice. In the present case the OPs have received notice from the District Commission on 23.3.2023 as such written version should have been filed by 23.4.2023 but the opp.parties filed the  written version on 26.4.2023 on the date fixed by learned District Commission i.e. after three days of completion of 30 days.

4.      Learnedcounsel for the petitioner submitted that although he has filed the written version but not filed any application for acceptance of the written version.

5.      We have perused the impugned order. We found there is a delay of 3 days in filing the written version  but it is very much within 45days as stipulated under the statute.

6.      In view of the above, we dispose of the revisionpetition with a  direction tolearned District Commission, Cuttack to accept the written version so filed by the revision petitioner/ OP on 26.4.2023 subject to payment of cost of Rs.6,000/- by the revision petitioner/opp.partyto the complainant.

7.      The revision petition is disposed of accordingly.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

 
 
[HON'BLE MR. Dilip Kumar Mohapatra.]
PRESIDING MEMBER
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 

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