State Consumer Disputes Redressal Commission
General Manager, Orient Area, Mahanadi ... vs Brind Bahadur Ram on 5 April, 2023
Cause Title/Judgement-Entry IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA, CUTTACK Revision Petition No. RP/38/2023 ( Date of Filing : 03 Apr 2023 ) (Arisen out of Order Dated 22/02/2023 in Case No. CC/78/2022 of District Jharsuguda) 1. General Manager, Orient Area, Mahanadi Coalfield Ltd Brajrajnagar,Dist- Jharsuguda. ...........Appellant(s) Versus 1. Brind Bahadur Ram S/o- Late Sipahi Ram, Bandhbahal Colony, Qr. No. B/29, Bandhbahal, Banharpali, Dist- Jharsuguda. 2. Asst. Regional Commissioner of Coal Mines Provident Fund, Regional Commissioner of CMPF Mahanadi Coalfileds Ltd., Anand Vihar, Burla, Dist- Sambalpur. 3. General Manager, Lakhanpur Area, Mahanadi Coalfields Ltd., Bandhbahal, Banharpali, Dist- Jharsuguda. 4. Director Personnel, Mahanadi Coalfields Ltd., At- Jagruti Vihar, Burla, Dist- Sambalpur. ...........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.R.Patnaik & Assoc., Advocate for the Petitioner 1 Dated : 05 Apr 2023 Final Order / Judgement Heard Learned counsel for the revision petitioner.
2. He submitted that the impugned order has been passed on 22.2.2023 to dispose of the maintainability petition at the time of disposal of the case. Learned counsel for the petitioner submitted that at first maintainability petition should be heard then merit of the case. Therefore, he submitted that necessary appropriate order may be passed by setting aside the impugned order.
3. Considered the submission. No view was taken by the learned District Commission to hear on maintainability of the complaint at the stage of admission of the case and chance has been given to the O.P to file written version within 15 days and learned District Commission observed that maintainability issue can be decided at the time of disposal of the case. Therefore, without interfering the impugned order, we hereby direct the learned District Commission to dispose of the complaint case on merit within 45 days from the date of receipt of this order. The petitioner is directed to appear before the learned District Commission 28.04.2023 to take further instruction from it.
4. Revision petition is disposed of accordingly.
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury] PRESIDENT [HON'BLE MR. Pramode Kumar Prusty.] MEMBER [HON'BLE MS. Sudhiralaxmi Pattnaik] MEMBER