Orissa

Bhadrak

MA/14/2021

The Sector Manager, SAHARA CREDIT CO-OPERATIVE SOCIETY Ltd. And HAMARA INDIA CREDIT C-OPERATIVE SOCIETY (SAHARA INDIA) - Complainant(s)

Versus

Smt. Pranati Jena - Opp.Party(s)

20 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
BHADRAK
 
Miscellaneous Application No. MA/14/2021
( Date of Filing : 17 Mar 2021 )
In
Complaint Case No. CC/87/2020
 
1. The Sector Manager, SAHARA CREDIT CO-OPERATIVE SOCIETY Ltd. And HAMARA INDIA CREDIT C-OPERATIVE SOCIETY (SAHARA INDIA)
Bhadrak Sector Office, Kar Complex, By-pass, Po/Ps- Bhadrak (T), Dist- Bhadrak 756100 Bhadrak Odisha
Bhadrak
Odisha
...........Appellant(s)
Versus
1. Smt. Pranati Jena
W/o Prakash Kumar Jena Vill- Jagannathpur (Acharya Nagar), Po/Ps- Bhadrak (T), Dist- Bhadrak Bhadrak Odisha
Bhadrak
Odisha
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHIBA PRASAD MOHANTY PRESIDENT
 
PRESENT:
 
Dated : 20 Jun 2022
Final Order / Judgement

Perused the case record.  The date has been fixed today for hearing on the Misc. Case as last chance. This Commission found that Complainant of this Misc.case is Sahara India Credit Co-Operative Society Ltd. Previously Known as (SAHARA INDIA Ltd.) and the Opposite party is the petitioner who is the Decree Holder of the C.D.Cases.  Complainant (Sahara India Ltd.) files this Misc.Case under Section 40 of C.P. Act, 2019 to review the orders passed by this Commission with several pleas. Today date has been posted for hearing on the Misc. cases in presence of both parties and accordingly both parties were intimated through their legal representatives.  Though the Opposite party (Decree Holder of the C.D. Cases are present, neither Complainant (Sahara India Ltd)nor their legal representative appeared & took any steps.  This case is pending since long for disposal. Non-appearance of the complainant/ petitioner clearly proves that they have no intention to finalize theproceeding and this Misc. petition is intended to delay the proceeding of this Commission.  Moreover Section 40 of the Consumer Protection Act, 2019 says:-

                  40.  “The District Commission shall have the power to review any of the    

order passed by it if there is an error apparent on the face of the

record, either of its own motion or on an application made by

any of the parties within thirty days of such order.”

Now core issues arewhether the order passed by this Commission is error and there is an error apparent on the face of the   record;

 On perusal of records /Misc. cases it is found that there is no error in the face of the record and there is no clerical or arithmeticalmistake and claim of the complainant is not with this regards.  It clearly shows that Complainant has filed this Misc. Case with an ill intention to harass the decree holder and to cause delay for filing appeal. This commission observes that the Misc. cases filed by the SAHARA INDIA Ltd/Complainant bears no merit. Hence Rejected.

                                The Misc. case is rejected accordingly.

 
 
[HON'BLE MR. SHIBA PRASAD MOHANTY]
PRESIDENT
 

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