Orissa

Anugul

CC/12/2023

Mrs Linaj Pattanaik - Complainant(s)

Versus

Suryodaya Small Finance Bank Ltd. - Opp.Party(s)

Pyarimohan Nanda

06 Jul 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
ANGUL
 
Complaint Case No. CC/12/2023
( Date of Filing : 27 Feb 2023 )
 
1. Mrs Linaj Pattanaik
At-Milan Villa, Near Little Heart School, Similipada, P.O/P.S/Dist.-Angul-759122
Angul
2. Navajyoti Samant
At-Milan Villa, Near Little Heart School, Similipada, P.O/P.S/Dist.-Angul-759122.
Angul
...........Complainant(s)
Versus
1. Suryodaya Small Finance Bank Ltd.
1101, Sharda Tellaces, Plot-65, Sector-II, CBD Belapur Navi Mumbai,Pin-400614.
2. Suryodaya Small Finance Bank Regional Office
At/P.O-Sahid nagar, Bhubaneswar, P.S-Sahid Nagar, Dist.-Khordha-751007.
Khordha
3. Suryodaya Small Finance Bank, Angul Branch
At-Hulurisingha, P.O/P.S/Dist-Angul.-759122
Angul
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Saroj Kumar Sahoo PRESIDENT
 HON'BLE MS. Sasmita Kumari Rath MEMBER
 
PRESENT:
 
Dated : 06 Jul 2023
Final Order / Judgement

          None appears for the parties inspite of repeated call. The case record is put up today for passing necessary order on the point of maintainability. Admittedly the complainants have filed a complaint petition against the opp.parties on 27.02.2023 U/s. 35 of C.P.Act2019. An ex-parte order was passed against the opp.parties on the same day in I.A.No.5 of 2023 by which the opp.parties were directed not to make any auction/sale/alienate or mortgage or create other type of interest in favour of  others on the case khata, plot and area until further order. Notices were issued to all the opp.parties in I.A.No.5 of 2023 fixing on 15.03.2023 for filing  of show cause. The opp.parties appeared in the main case on 18.05.2023 and filed the copy of demand notice dtd.08.02.2023 issued to the complainants through Regd. post with A.D, the photo copy  of postal receipt, photocopies of  paper publication, photo copy of schedule to the loan agreement and a decision reported in 2011(1) OLR-1046 Central Bank of India & another Vrs. Rama Chandra Sahoo & others. On the same day i.e.18.05.2023 both the parties were heard on the point of maintainability of the present proceeding in obedience of the order passed by the Hon’ble State Commission dtd.27.03.2023 in R.P.No.27 of 2023.

          From the materials of the record, it is clear that notices have been issued by the opp.parties to both the complainants U/s. 13(2) of SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT,2002.

            In view of sec.34 of the aforesaid Act, this Commission has no jurisdiction to entertain the complaint petition filed by the complainants and to pass any interim order of injunction against the opp.parties.

           Hence the complaint petition filed by the complainants before the Commission on 27/02/2023 is not maintainable and the case is closed.

 
 
[HON'BLE MR. Saroj Kumar Sahoo]
PRESIDENT
 
 
[HON'BLE MS. Sasmita Kumari Rath]
MEMBER
 

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