Orissa

StateCommission

A/59/2021

The Branch Manager, State Bank of India Khalikote Branch - Complainant(s)

Versus

Pramod Kumar Behera - Opp.Party(s)

M/S P.V. Balakrishna & Assoc.

14 Feb 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/59/2021
( Date of Filing : 10 Mar 2021 )
(Arisen out of Order Dated 25/01/2021 in Case No. Complaint Case No. CC/21/2020 of District Ganjam)
 
1. The Branch Manager, State Bank of India Khalikote Branch
At/Po- Khalikote,
Ganjam
odisha
2. Chairman, SBI
Bellapur, Navi Mumbai, CBD, Maharastra
...........Appellant(s)
Versus
1. Pramod Kumar Behera
S/O- Bansidhar Behera,At- Karana Sahi, Po- Khalikote
Ganjam
Odisha
...........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 P.V. Balakrishna & Assoc., Advocate for the Appellant 1
 Mr. K.C. Mishra, Advocate for the Respondent 1
Dated : 14 Feb 2023
Final Order / Judgement

              Heard Learned Counsel for the appellant. Mr K. Mishra ,Advocate appears for respondent.

         2. This appeal has been filed U/S-15 of Consumer protection Act 1986(Hearin after called the Act) against impugned order passed by Learned District C.D.R, Commission, Ganjam, Berhampur. The parties are referred in complaint case may be read as same in this appeal for convenience.

      3.    The case of the complainant in nut-shell is that the complainant is a consumer under the O.P. It is alleged interalia that the complainant received message regarding the withdrawal of rs. 5,64,995/- feom the account on 09-09-2019 but he has not withdrawn same .He approached the Branch Managers of O.P.

             Thereafter, he lodged F.I.R and also filed complaint before the Ombudsman, C/O Reserve Bank of india, Bhubaneswar. But O.P did not consider. Since there being no response about his complaint, hence, consumer complaint was filed.                       

      4.     O.P is set exparte.

      5.         After hearing of the complainant Learned District Forum passed the following order as follows:

                           xxx              xxx              xxx

                “In the result result the complainant’s case is allowed on exparte against the O.ps. the O.Ps are jointly and severally liable as suchs they are directed to credit the complainants S.B account No. 30452385027 as per law after due correction / adjust of debit amounts with up-to date interest within sixty days from receipt of this order. Further , the O.ps are directed to pay Rs. 3000/- as compensation and Rs. 2000/- as cost of litigation to the complainant with the above stipulated period failing which all the dues shall carry 14% interest per annum. The case of the complainant is disposed of accordingly.”

      6.      Learned counsel for appellant submitted that it was Corona period for which they could not take step and O.P was set exparte. He submitted that they have enquired the matter and if matter is remanded they would get opportunity to contest the matter.

     7.  Considered the submission, perused the DFR and impugned order. Both counsel submits that it was Corona period and they have no objection if matter is remanded.We hereby set aside the impugned order and remand the matter to the Learned District Commission to allow O.P to file written version within 30 days from the date of receipt of this order and allow to file evidence on affidavit by both party if any and directed to dispose of the case within 60 days from the date of receipt of this order. Both parties are directed to appear before the Learend District Forum on 27-02-2023 to take further instruction. No cost.

8.     The interim order stands vacated by this order.

         Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.

                                           DFR be sent back forthwith.

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

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