Orissa

StateCommission

RP/35/2021

Asst .Manager, Electrical TPCODL - Complainant(s)

Versus

Brajakishore Mohanty - Opp.Party(s)

Mr. S.C.Dash

10 Jul 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/35/2021
( Date of Filing : 03 May 2021 )
(Arisen out of Order Dated 04/02/2021 in Case No. CC/151/2018 of District Jagatsinghapur)
 
1. Asst .Manager, Electrical TPCODL
Balikuda Electrical Section, At/Po/Ps- Balikuda, Dist- Jagatsinghpur.
2. S.D.O., Balikuda Electrical Sub-Division TPCODL,
At/Po/Ps- Balikuda, Dist- Jagatsinghpur.
3. The Executive Engineer, Electrical TPCOSDL,
Jagatsinghpur Electrical Division, At/Po/Dist- Jagatsinghpur.
...........Appellant(s)
Versus
1. Brajakishore Mohanty
S/o- Hadibandhu Mohanty, At/Po- Krushnadaspur, Ps- Balikuda, Dist- Jagatsinghpur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:Mr. S.C.Dash, Advocate for the Petitioner 1
 
Dated : 10 Jul 2021
Final Order / Judgement

          This matter is placed before the Lok Adalat.

2.      Learned counsel for the petitioners is present on VC.

3.      Learned counsel for the petitioners submits that impugned order dated 4.2.2021 is not maintainable for the simple reason that impugned order is passed in execution case which arises out of another complaint case which was disposed of on 30.9.2019. According to him,  since it is an order passed u/s 38 of the Consumer Protection Act, 2019, the Misc. Case  should arise out of fresh complaint case but not out of  old complaint case already disposed of.

4.      Without entertaining the merit of the case, the revision is disposed of with a direction to the petitioners to raise the submission as submitted before this Commission before the learned District Commission to pass order afresh in Misc. Case No. 10 of 2021 and the learned District Forum is directed to dispose of the matter within a period of 45 days from the date of receipt of this order.

         The copy of this order be downloaded from the Confonet or website of this Commission and petitioner is directed to produce the said copy  with self attestation on 27.7.2021 before the learned District Commission to take further instruction.

           Revision is disposed of accordingly. 

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 

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