Orissa

StateCommission

RP/32/2023

The Managing Director, HDB Financial Services Ltd - Complainant(s)

Versus

Smt. Rajani Kumari Behera - Opp.Party(s)

M/s A. Mahapatra & Assoc.

24 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/32/2023
( Date of Filing : 22 Mar 2023 )
(Arisen out of Order Dated 27/02/2023 in Case No. CC/61/2023 of District Ganjam)
 
1. The Managing Director, HDB Financial Services Ltd
registered office at- radhika, 2nd Floor, Law Garden Road, Navarangpur, Ahemedabad, Gujrat, Branch office at- 2nd Floor, SF Branch, Engineering School Road, Bidyut Colony, Berhampur, Dist- Ganjam.
...........Appellant(s)
Versus
1. Smt. Rajani Kumari Behera
W/o- Susanta Kumar Behera, R/o- Nabanidhi Bihar, Near Bhoba Street, Bhabanipur, Dist- Ganjam.
2. The Manager, Om Honda, Tata Benz Square,
Berhampur, B.N. Pur, Dist- Ganjam.
3. Office-in-Charge M/s. Mahalaxmi Associataion,
Dr. Lane, near Kali Temple, New Bus Stand, Berhampur.
4. Office-in Charge, M/s.Mahalxmi Association,
Dr. Lane, near Kali Temple, New Bus Stand, Berhampur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/s A. Mahapatra & Assoc., Advocate for the Petitioner 1
 
Dated : 24 Mar 2023
Final Order / Judgement

 

        Learned counsel for the review petitioner submitted that he does not want to issue notice to O.P.nos.2 and 3 as they are the performa OPs.

2.       Learned counsel for the petitioner submitted that the learned District Commission passed order sitting only one bench. However, he further submitted that the vehicle has been sold away. The question of releasing the same of the complainant is impossible and the matter has not been decided valid or invalid. Therefore the O.P further submitted the entire order is set aside.

Considered the submission. Perused the impugned order. This entire order passed U/S 38(8) of C.P.Act,2019.In the body of the order it has discussed the seizure vehicle has sold away there is no documents it is sold is valid or invalid. However the operative portion of the order passed by the learned District Commission is as follows:-

Xxx                      xxxx                xxx

Be that as it may be, the opposite parties no.1 and 2 are directed to release the vehicle bearing Regd.No.OD-07-AE-7911 as it is condition to the complainant within seven days of receipt of this order. Further it is directed to the complainant to deposit the Emi till completion of the tenures on the scheduled dates. The opposite parties no.1 & 2 are directed to report the compliance of this order within seven days hence.

The case is adjourned to 27.03.2023 for filing of evidence on affidavit by the complainant.”

          When aforesaid order is passed without going  discussed stated reasons describing para. The operative portiion of the order stands  in  no legs. Therefore the impugned order having no merit  is set aside. The learned District Commission is directed to hear the matter on merit and dispose of the  case within a period of 45 days. The petitioner is directed  to appear before the learned District Commission on 31.03.2023 to take further instruction from it.

5.      The revision petition is disposed of accordingly.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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