Orissa

StateCommission

RP/24/2022

Helen Mohanty - Complainant(s)

Versus

The Federal Bank Ltd. - Opp.Party(s)

Mr. A.K. Samal

31 May 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/24/2022
( Date of Filing : 25 Apr 2022 )
(Arisen out of Order Dated 19/04/2022 in Case No. CC/34/2022 of District Khordha)
 
1. Helen Mohanty
W/o- Sri Nigama Nanda Mohanty, At- Deula Sahi, Jubuli Town, Po- Dhenkanal, Dist- Dhenkanal.
...........Appellant(s)
Versus
1. The Federal Bank Ltd.
At- Jagadamba Complex, Damunie Temple, Khurda Road, Jatni, Bhubaneswar, Dist- Khurda.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 
PRESENT:Mr. A.K. Samal, Advocate for the Petitioner 1
 M/s. Sukumar Debdas & Assoc., Advocate for the Respondent 1
Dated : 31 May 2022
Final Order / Judgement

                   Learned counsel for the Petitioner is present.

                    Learned counsel for the Opp.Party is present.

                    Heard learned counsel for both the parties.

                     It is submitted by the learned counsel for the petitioner that  he could not remain present on  dtd.19.04.2022 for which the interim application was not heard but  the interim order  passed by the District Commission on dtd.03.02.2022 was vacated.  It is further submitted that if order dtd.19.04.2022 would not be revised or recalled, the pledged gold ornaments may be sold by the OP. Therefore, he seeks intervention of this Commission.

               Learned counsel for the OP strongly opposed the contention of the learned counsel for the petitioner. He submits that since the complainant is a defaulter , rightly the interim order has been vacated.

          Considered  the submission of the learned counsel for the petitioner. Perused the interim order. The interim order is as follows:-

        “The complainant is found absent on repeated calls and no steps has been filed on her behalf. Advocate for OP is present and submits that the complainant has no intention for hearing of the interim application and taking advantage of Interim Order she plying “Hide and seek” with the Hon’ble Commission. Therefore, it is prayed by the OP to vacant Interim Order dtd.03.02.2022.

  Heard. Allowed. Considering the facts, the interim order passed on dated 03.02.2022 is hereby vacated and the interim application stands rejected.”

                   The above order shows that on 03.02.2022 there was interim order passed by the learned District Commission directing the OP not to put the gold ornaments into auction, thereafter the above  interim order  is passed. Atleast one chance should be  given to the complainant to face the case. Therefore, we are of the view that learned District Commission would hear both the parties again and pass the fresh order.  Both the parties are directed to appear before the learned District Commission on 16.06.2022 and take further instruction. Till then no coercive action would be  taken by the OP.

              The revision petition is disposed of accordingly.

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

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

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