Orissa

StateCommission

RP/60/2019

Executive Engineer Electrical, CESU - Complainant(s)

Versus

Surendra Kumar Sahoo - Opp.Party(s)

Mr. S.C. Dash

12 Jun 2019

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/60/2019
( Date of Filing : 23 May 2019 )
(Arisen out of Order Dated 19/03/2019 in Case No. Complaint Case No. CC/29/2019 of District Dhenkanal)
 
1. Executive Engineer Electrical, CESU
Dhenkanal Electrical Division, At- College By-pass Chhak, P.S-Town, Po/Dist- Dhenkanal.
2. Asst. Manager-cum-SDO, CESU
Electrical Sub Division, Gondia, At/Po/Ps-Gondia.
Dhenkanal.
3. Jr. Engineer Enzen, Gondia
At- Sriramchandrapur, Po/Ps-Gondia.
Dhenkanal.
...........Appellant(s)
Versus
1. Surendra Kumar Sahoo
S/o- Late Ananta Sahoo, Vill/Po- Barada, Ps- Gondia, Dist- Dhenkal, Ps- Bhadrak Town.
Bhadrak.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.K. Patel PRESIDENT
  Smarita Mohanty MEMBER
 
For the Petitioner:Mr. S.C. Dash, Advocate
For the Respondent:
Dated : 12 Jun 2019
Final Order / Judgement

 Learned counsel for the revision petitioners representing Electricity Distribution Company CESU is present.

In this revision prayer has been made by the revision petitioners to set aside ex parte interim order dated 19.3.2019 passed by the learned District Forum, Dhenkanal in Misc. Case No. 22 of 2019 arising out of CC No. 29 of 2019. While passing the ex parte interim order the learned District Forum directed the revision petitioners to file objection on 18.4.2019.

This revision was filed on 23.5.2019. Regulation 17 of the Consumer Protection Regulations, 2005 provides that an ex parte interim order shall stand automatically vacated in case objection thereto is not heard and disposed of within a period of 45 days. The impugned order having been passed on 19.3.2019, 45 days had already expired when the revision petition was filed.

In case objection to the interim application has not been considered and disposed of within a period of 45 days from 19.3.2019, the impugned ex parte interim order stood vacated by the time the revision petition is filed. On the other hand, in case objection to the interim application has been heard and disposed of within a period of 45 days, the ex parte interim order is no longer existence.  In either case the impugned ex parte order is not available to be challenged in this revision. Therefore, the revision is misconceived.

Accordingly, the revision petition is disposed of as infructuous.

 
 
[HON'BLE MR. JUSTICE B.K. Patel]
PRESIDENT
 
 
[ Smarita Mohanty]
MEMBER
 

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