Orissa

StateCommission

RP/83/2022

Yes Bank Ltd - Complainant(s)

Versus

Bhima Mahanta - Opp.Party(s)

M/S R.K.Rout & Assctes

22 Dec 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/83/2022
( Date of Filing : 17 Dec 2022 )
(Arisen out of Order Dated 05/09/2022 in Case No. CC/68/2022 of District Sundergarh II)
 
1. Yes Bank Ltd
Holding No-72 , ground Floor , plot no, 304 , udit Nagar , Rourkela, Dundargarh, Odisha 769012
...........Appellant(s)
Versus
1. Bhima Mahanta
S/o Basudeba Mahanta , Hatikucha , Gopna, balanga , Sundargarh, 769012
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/S R.K.Rout & Assctes, Advocate for the Petitioner 1
 
Dated : 22 Dec 2022
Final Order / Judgement

        Heard the learned counsel for the review  petitioner. He submits that there are  eleven days  delay in filing the  review petition due to official procedure and prays to  condone  the delay.

          In view of the fact that the delay is only eleven days, we condone the delay without prejudice to the rights of the OP.

2.      However, he submitted that the learned District Commission  passed the impugned order on  05.9.2022 without hearing of the O.P not to seize the vehicle. He submitted that without giving opportunity the impugned order was passed  exparte.The present petitioner who is the O.P in the complaint case. He submits that there is outstanding of Rs.38,71,521.37  against the complainant and the vehicle has already been seized, the impugned order was passed not to seize the vehiclewhich is illegal.  So he submitted to interventionin  the impugned order  in the revision.

3.      Considered the submission and perused the impugned order which is passed exparte U/S 38(8) of C.P.Act and the revision petition.

4.      Considering the nature of the case, we do not want to interfere with the impugned order passed U/S 38(8) of C.P.Act.Therefore, we  direct the present petitioner to place all the issues as submitted now before the learned District Commission who will hear  on the interim petition and pass speaking order  in accordance with law. Further, the learned District Commission is directed to dispose of interim petition on merit within a period of 30days from the date of receipt of this order.The petitioner is directed to appear before the learned District Commission on 04.01.2023 to receive further instruction from it.Till disposal of the petition, the impugned interim order dated  05.9.2022 passed in Misc. Case No. 38 of 2022 arising out of CC No. 68 of 2022 by the learned District Commission, Sundargarh – II, Rourkela  shall not be given effect to.

        Revision petition is disposed of accordingly.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

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

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.