Orissa

Nayagarh

CC/24/2019

Smt Chhabirani Choudhury - Complainant(s)

Versus

The Proprietor, Laxmi Basan Bhandar - Opp.Party(s)

04 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH
KHANDAPARA ROAD, NAYAGARH, ODISHA 752069
 
Complaint Case No. CC/24/2019
( Date of Filing : 18 Mar 2019 )
 
1. Smt Chhabirani Choudhury
At: Naharsahi PO: Itamati PS: Itamati, Dist: Nayagarh
...........Complainant(s)
Versus
1. The Proprietor, Laxmi Basan Bhandar
College Road, At/PO / PS/Dist Nayagarh
2. The Manager, Bajaj Finserv, Floor No. 2
In Front of Nayagarh College, At/PO/PS/Dist: Nayagarh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. NARAYAN MOHAPATRA PRESIDENT
 HON'BLE MRS. TAPASWINI SETHI MEMBER
 
For the Complainant:
For the Opp. Party: EX-Parte, Advocate
 Ex-Parte, Advocate
Dated : 04 Oct 2019
Final Order / Judgement

             The case is posted today for hearing on the set aside petition filed by OP No.1 on 22.08.2019 on the ground stated there in. Neither the Advocate of OP No.1 nor OP No.1 himself is present today on call. No step is taken on his behalf. Perused the record, it is seen that, as the OPs have failed to file their written version they are set ex-parte on 23.07.2019. Maximum opportunities has been given to OPs to file their written version, but they remain silent. As there is no provision in CP Act 1986 to set aside the ex-parte order and to review the own order of the forum. Hence, the petition filed by OP No.1 dated 22.08.2019 is rejected without any merit.

             On the other hand it is seen that, the complainant is absent since 08.05.2019 and no step is taken on his bahalf till today. The case is lingering to file evidence on affidavit by the complainant, as the complainant is regularly absent it is presume that the complainant has no interest to proceed with the case. As such for interest of justice the case is dismissed for default.

                 Accordingly the case is disposed off.

 
 
[HON'BLE MR. NARAYAN MOHAPATRA]
PRESIDENT
 
 
[HON'BLE MRS. TAPASWINI SETHI]
MEMBER
 

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