Orissa

StateCommission

A/169/2015

M/s. Luminous Power Tech.(P) Ltd. - Complainant(s)

Versus

Sri Krushna Ch. Panda - Opp.Party(s)

M/s. C. Samantray & Assoc.

02 Dec 2015

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/169/2015
( Date of Filing : 27 Mar 2015 )
(Arisen out of Order Dated 29/05/2014 in Case No. CC/02/2014 of District Malkangiri)
 
1. M/s. Luminous Power Tech.(P) Ltd.
C-8 & C-9 Community Centre, New Janak Cinema Complex, Janakipur, New Delhi-110058.
2. M/s. Luminous Power Technologies Pvt. Ltd.
Plot No. 548/1653, Near Saheed Nagar Level Crossing, Bomikhal, Bhubaneswar, Khurda.
...........Appellant(s)
Versus
1. Sri Krushna Ch. Panda
S/o- Sri G. Panda, Malkangiri.
2. The Properiotor Panda Entrprises
Main Road, Malkangiri.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.N. Biswal PRESIDENT
 HON'BLE MR. G.P. Sahoo MEMBER
  Smarita Mohanty MEMBER
 
For the Appellant:M/s. C. Samantray & Assoc., Advocate
For the Respondent:
Dated : 02 Dec 2015
Final Order / Judgement

       Learned counsel for appellant is present. None appears for respondent on call. 

Misc. Case No. 310 of 2015

       This relates to petition for condonation of delay. There is delay of 262 days in preferring the appeal.

       Went through limitation petition. However respondent 1 files objection to misc. case with a prayer not condone delay. the impugned order was passed in 29.05.2014. The appellant tried to contact the counsel engaged at District Forum. But they could not contact him as officer to inquire the matter personally. On enquiry it was releaved that the case is already allowed expert. The certified copy was applied on 09.01.2015. Dur to exigency he could not handover the copy to the advocate concerned.

      Mr. Panda advocate clerk returned to Malkangiri on 12.02.2015 & handed over the copy to the advocate. Thereafter the advocate sent the copy to appellants. The advocate sent final draft to legal cell on 21.03.2015. There after the present appeal was filed on 27.03.2015 at the Commission. Undoubtedly there is delay of 262 days in preferring the appeal.

      In our considered views, the Respondents should not suffer loss for such delay. Consequently First Appeal stands dismissed.   

 
 
[HON'BLE MR. JUSTICE R.N. Biswal]
PRESIDENT
 
[HON'BLE MR. G.P. Sahoo]
MEMBER
 
[ Smarita Mohanty]
MEMBER

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