Assam

StateCommission

MA/55/2009

Shri Dadhi Ram Barik - Complainant(s)

Versus

The Chief Engineer, ASEB - Opp.Party(s)

Mr. D. Borah

05 Oct 2009

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Miscellaneous Application No. MA/55/2009
In
First Appeal No. A/51/2009
 
1. Shri Dadhi Ram Barik
S/o Late Rameswar Barik, R/o Gazpuria Road, Rajamaidan, Ward No. 1 of Jorhat Town, District- Jorhat
...........Appellant(s)
Versus
1. The Chief Engineer, ASEB
Bijuli Bhawan, Paltan Bazar, Guwahati
...........Respondent(s)
 
BEFORE: 
 
For the Appellant:
For the Respondent:
ORDER

                 The appeal petition is filled by Shri Dadhi Ram Barik against the order dated 26-8-2009 passed by the learned District Forum, Jorhat in CPA Case No. 8 of 2005. The order was passed in consequence of case no. 8 of 2005 in the said Forum in which the learned District Forum had passed a final judgment on 19-9-2005. In the mean time on 3-3-09 another order was passed by the District Forum. It is not clear as to how the District Forum passed two subsequent orders dated 3-3-09 and 26-8-09 after their judgment dated 19-9-05 in C.P.A. Case No. 8 of 2005. The matter requires examination as to how the District Forum was empowered to pass two separate orders on the same matter after their final order dated 19-09-05. The appellant is aggrieved on such point and filed this appeal before this Commission.

                The appellant has also deposited the statutory amount of Rs. 25,000/- by Demand Draft.

                Admit the appeal.

                Call for the records from the District Forum.

                Also issue notice to the respondent.

                The appellant will take steps by Register post with A/D along with a copy of the appeal petition.

                The appellant has also file a separate petition which has been registered as M.A. 55/09 praying for stay of the order dated 26-8-09 passed by the learned District Forum, Jorhat in C.P.A. Case No. 8/05.

                Accordingly, the order dated 26-8-09 is stayed till disposal of this appeal.

                Fix 5-12-09.

 

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