Orissa

Mayurbhanj

CC/30/2014

Sri Sanjib Kumar Barik - Complainant(s)

Versus

The Branch Manager, SBI - Opp.Party(s)

Sri Pradeep Kumar Behera

24 Sep 2015

ORDER

Heading1
Heading2
 
Complaint Case No. CC/30/2014
 
1. Sri Sanjib Kumar Barik
Deulasahi, W.No.-9, P.O.- Baripada
Mayurbhanj
Odisha
...........Complainant(s)
Versus
1. The Branch Manager, SBI
Budhikhamari Branch, Budhikhamari, Baripada
Mayurbhanj
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Narendra Kumar Pradhan PRESIDENT
 HON'BLE MR. Ajay Kumar Sadangi MEMBER
 
For the Complainant:Sri Pradeep Kumar Behera, Advocate
For the Opp. Party:
Dated : 24 Sep 2015
Final Order / Judgement

Dt.24.09.2015 :.        The case is taken up today since the Forum could not function yesterday i.e. 23.09.2015 due to Mayurbhanj Bandha.  The case is put up for order on the petition filed on behalf of the complainant, praying for restoration of the complaint case. It is contended on behalf of the complainant that the consumer complaint was posted to 30.06.2015 for hearing but on that the counsel for the complainant could not take step as a result the complaint was dismissed on that day for default. It is further contended that substantial question of Laws and facts are involved in this case and the case should be decided on merit and hence submitted to restore the case to its original status.

            On perusal of the record it is seen that the case was posted to 30.06.2015 for hearing but on that date both the parties remained absent for which the complaint was dismissed for default. On further perusal it is seen that prior to 30.06.2015, the complainant had filed adjournment petitions for some dates and lastly he remained absent for some dates. At the stage of hearing the complainant filed a petition on 23.03.2015 praying for adjournment of hearing on the grounds that he wants to incorporate certain facts in the complaint petition and also to add parties in the complaint case. Thereafter he remained absent in the Forum without making any addition of facts and parties. So this Forum ultimately dismissed the complaint for default of the complainant.

            Moreover the District Forum has no Jurisdiction to restore any complaint. If it is dismissed for default. So the petition to restore the complaint case is not entertained and accordingly stands rejected. However since the complainant is Govt. service holder and his Salary Account has been held up by the Bank, he is at liberty to file another complaint on the same cause of action within fifteen days from today.

                        Sd/-                                                                 Sd/-

                  Member                                                         President

    DCDRF,MBJ,BARIPADA.                   DCDRF,MBJ,BARIPADA.

 
 
[HON'BLE MR. JUSTICE Narendra Kumar Pradhan]
PRESIDENT
 
[HON'BLE MR. Ajay Kumar Sadangi]
MEMBER

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