Orissa

StateCommission

RP/52/2022

Regional Manager, Cholamandalam Investment & Finance Co. Ltd - Complainant(s)

Versus

Swagatika Infra and Logistic - Opp.Party(s)

M/S R.K.Pattanaik & Assoc.

22 Aug 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/52/2022
( Date of Filing : 17 Aug 2022 )
(Arisen out of Order Dated 01/08/2022 in Case No. CC/62/2022 of District Bhadrak)
 
1. Regional Manager, Cholamandalam Investment & Finance Co. Ltd
At- Sreema Construction, 3rd Floor, Naya Chowk, Link Road, Madhupatna, Cuttack.
2. Branch Manager, Cholamandalam Invest & Finance Co. Ltd.,
At- R.C. Behera Complex, 2nd Floor, By-pass, Bhadrak.
3. Cholamandalam Investment & Finance Co. Ltd.,
Regd. Office at- Dare House-2, NSC Bose Road, Aprrys, Chennai.
...........Appellant(s)
Versus
1. Swagatika Infra and Logistic
At- Triplx No.53, Metro Safelite, naripal, Bhubaneswar, Khurda, represented by Sole Proprietor Sushil Kumar Kar, At/Po- Babalpur, Bhandaripokhari, Dist- Bhadrak.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudihralaxmi Pattnaik MEMBER
 
PRESENT:M/S R.K.Pattanaik & Assoc., Advocate for the Petitioner 1
 
Dated : 22 Aug 2022
Final Order / Judgement

                             

                            Heard the learned counsel for the petitioner.

  2.                       Learned counsel for the petitioner submitted that  learned District  Commission has passed the interim order directing the OP not to sell the vehicle and not to  receive the amount from the complainant. He submitted that the complainant   has borrowed the money from the OP to purchase a goods carrier vehicle bearing OD-04-P-1399. In this case he has not been  given sufficient opportunity of being heard and finally the interim order was passed by the learned District Commission on 01.08.2022. Since, no opportunity has been given  while disposing  interim petition, he has prayed to interfere in the matter.

3.              Considered the submission of learned counsel for the petitioner, perused the interim order.

4.                       It appears from the interim order that it  is ex-parte order passed U/S-38 of the C.P.Act,2019. Without  giving notice to the OP and without going to the merit of the case, we deemed it proper to dispose of the petition with a direction to raise all the issue as submitted above  before the learned District Commission who would hear both the parties and pass a speaking order  on the interim petition within 30 days from the date of receipt of this order.

             The Revision petition is disposed of accordingly. Till the decision taken by the learned District Commission, the operation of the impugned order would remain stayed. It is also directed  that  the OP would not take any coercive action  including sell of  the vehicle in question  till disposal of the interim petition  by the learned District Commission. Learned counsel for the petitioner is directed to appear before the learned District Commission on 30.08.2022 to take further instruction.

                          Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

 

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudihralaxmi Pattnaik]
MEMBER
 

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