Orissa

StateCommission

A/259/2018

Mahindra & Mahindra Financial Service Ltd. - Complainant(s)

Versus

Sri Prassana Satapathy - Opp.Party(s)

M/s. R.K. Pattnaik & Assoc.

22 Jun 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/259/2018
( Date of Filing : 22 May 2018 )
(Arisen out of Order Dated 24/04/2018 in Case No. Complaint Case No. CC/40/2017 of District Kendrapara)
 
1. Mahindra & Mahindra Financial Service Ltd.
represented through its Branch Manger, Kendrapara Branch Office, Duhuria, Near Alfa Best College, Kendrapara, Odisha.
2. Mahindra & Mahindra Financial Service Ltd.
Gate Way Building, Apolo Bunder, Mumbai-400029, Maharastra.
...........Appellant(s)
Versus
1. Sri Prassana Satapathy
S/o- Late Fakir Satapathy, ARokharda, Olakana, Derabish, Kendrapara, Odisha.
2. Mahindra & Mahindra Financial Service Ltd.,
represented through its Zonal Manager, Zonal Office, Plot no. 511, 1st Floor, Rasulgarh, Cuttack-Puri road, Bhubaneswar-751010.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Dr. Smarita Mohanty MEMBER
 
For the Appellant:M/s. R.K. Pattnaik & Assoc., Advocate
For the Respondent: Mr. S. Prusty, Advocate
Dated : 22 Jun 2020
Final Order / Judgement

Learned counsel for the appellants is present.

2.        Learned counsel for the respondent is absent.

3.        It is submitted by the learned counsel for the appellants that opportunity was not given to the appellants to file written version and accordingly they were set ex parte. He submitted that if the appellants will not be allowed to contest the matter their valuable rights will be frustrated. The date is posted today for calling for the DFR but according to the learned counsel for the appellants, there is no necessity for calling the DFR as copy of the impugned order is available with him.

4.        We have perused the impugned order and find that appellants did not appear through counsel and did not file written veriosn. So the matter has been decided ex parte. We allow the appeal by remanding the matter to the learned District Forum for fresh disposal subject to payment of cost of Rs.1,000/- by the appellants to the respondent  and to give an opportunity to the appellants to file written version and dispose of the matter after giving opportunity to both parties of being heard expeditiously preferably within one month from the date of receipt of this order. Copy of this order be supplied to the learned counsel for the appellants who will appear before the learned District Forum on 13.7.2020 and to take further instruction from it.

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

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