Orissa

StateCommission

RP/49/2023

Sundaram Finance Services Ltd., - Complainant(s)

Versus

Susanta Pradhan - Opp.Party(s)

M/S R.K. Pattanaik & Assoc.

10 May 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/49/2023
( Date of Filing : 02 May 2023 )
(Arisen out of Order Dated 08/02/2023 in Case No. CC/23/2023 of District Kendrapara)
 
1. Sundaram Finance Services Ltd.,
represented through its Managing Director, Regd. office at- 21, patullos Road, Chennai.
...........Appellant(s)
Versus
1. Susanta Pradhan
S/o- Gunamani Pradhan, Balana, Marshaghai, Dist- Kendrapara. At present plot No.19/B, In front of College Hostel , Paradeep, Dist- Jagastinghpur.
...........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 R.K. Pattanaik & Assoc., Advocate for the Petitioner 1
 
Dated : 10 May 2023
Final Order / Judgement

          Heard learned counsel for the petitioner.

2.       It is admitted that learned District Commission without hearing the opposite party passed the order as if complaint case has been disposed of.

3.       The order itself shows that there is 50% of the outstanding payable, but ultimately, they have passed the order to prove that the vehicle will be released subject to deposit of Rs. 1,50,000/- although outstanding is more than Rs.8,00,000/-. So, he submitted that he should be given opportunity of being heard by the learned District Commission before the interim order is passed.

4.       Considered the submissions, perused the DFR including the impugned order.

5.       Learned District Commission has purportedly passed the ex parte order under Section 38(8) of the Consumer Protection Act, 2019 and that order appears to be the main order to be passed in the complaint case. On  the other hand, this order should be passed after hearing the parties. However, without interfering with the impugned order, we hereby direct the learned District Commission to hear both the parties again and pass a speaking order on the interim application. Till then the impugned order is stayed. It is made clear that learned District Commission will dispose of the interim petition within 30 days from the date of receipt of this order.

6.       Learned counsel for the petitioner is directed to appear before this Commission on 22.5.2023 to take further instruction in the matter.

7.       The R.P. Case is accordingly disposed of.

DFR be sent back forthwith.

           Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

 
 
[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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