Orissa

Nuapada

CC/10/2016

Kunjabihari Upadhaya - Complainant(s)

Versus

The Branch Manager,Utkal Gramya Bank,Nuapada Branch, - Opp.Party(s)

Mr.M.D.Panda

07 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NUAPADA,ODISHA
 
Complaint Case No. CC/10/2016
 
1. Kunjabihari Upadhaya
S/o: Late Debiprasad Upadhaya,Mandirpada,Nuapada,P.s: Nuapada
Nuapada
Odisha
...........Complainant(s)
Versus
1. The Branch Manager,Utkal Gramya Bank,Nuapada Branch,
At/P.o: Nuapada
Nuapada
Odisha
2. The Chairman,Utkal Gramya Bank,
At/P.o:Balangir
Balangir
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Mr Binod Bihari Mishra PRESIDING MEMBER
 HON'BLE MRS. Chumki Bose MEMBER
 
For the Complainant:Mr.M.D.Panda, Advocate
For the Opp. Party: R.K.Bhoi, Advocate
Dated : 07 Mar 2017
Final Order / Judgement

The Advocate for the petitioner/complainant has filed an interim stay petition alongwith the paper "Sambad" (Odia) dated 08.02.2017 for stay of the auction sale notice proclamation by the O.P. Utkal Gramya Bank Nuapada Branch. As per the petition the auction date is 15.03.2017 filed by the Advocate for the petitioner without serving copy to the Advocate for the O.P. He has only intimated the matter to the O.P. The case posted to 07.03.2017 for hearing on petition by both the parties and objection for the O.P. The O.P. And the petitioner present in the Court on 07.03.2017. The O.P. Has stated the auction sale date is today on dated 07.03.2017 and final process is going on.

Hence, the Advocate for the petitioner has filed the interim stay petitioner in a belated stage. Due to limited time for disposal of the case the matter is not decided by in very short period as because the O.P. has served several notice for payment of loan dues. The petitioner has failed to do so, neither settle the claim amount nor pay the outstanding dues to the O.P. The petitioner has approached to Forum for hearing on March 2017 accordingly dated fixed on 28.03.2017. Still Advance petition allowed and the Advocate for the O.P.has filed a memo today on dated 07.03.2017 for completion of auction process on 07.03.2017 at about 3 P.M. Accordingly to paper publication notice.

Both the Advocate and party present and argued the case matter as the O.P. U.G.B. Nuapada Branch has already sold the vehicle tractor bearing No.OR-26-2520 on auction process.

Hence this case is disposed of accordingly and the complainant/petitioner has directed to choose proper court of law for the compensation/ claim of the amount.  

 
 
[HON'BLE MR. Mr Binod Bihari Mishra]
PRESIDING MEMBER
 
[HON'BLE MRS. Chumki Bose]
MEMBER

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