State Consumer Disputes Redressal Commission
Minaketan Nayak vs S.D.O. (Electrical) on 8 July, 2008
STATE CONSUMER DISPUTES REDRESSAL COMMISSION:ORISSA:CUTTACK STATE CONSUMER DISPUTES REDRESSAL COMMISSION:ORISSA: CUTTACK FIRST APPEAL NO.125 OF 2007 From an order dated 31.01.2007 passed by the District Consumer Disputes Redressal Forum, Samblapur in C.D. Execution Case No. 28 of 2006, arising out of C.D. Case No.55 of 2005 Minaketan Nayak, S/o. Arjun Mohan Nayak, At/P.O- Kindira, Via- Kuchinda, Dist- Sambalpur. Appellant. -Versus- 1.
S.D.O. (Electrical), Sub-Divisional Office, Kuchinda, Dist- Sambalpur.
2. Executive Engineer (Electrical), Divisional Office, Jharsuguda, Dist-
Jharsuguda.
3. Superintending Engineer (Electrical), WESCO, Sambalpur, At- Budharaja-Ainthapali, Dist-
Sambalpur.
Respondents.
For the Appellant : In Person.
For the Respondents : M/s. B.K. Nayak and Assoc.
PRESENT :
THE HONBLE SHRI SUBASH MAHTAB, PRESIDENT IN-CHARGE A N D SMT.
BASANTI DEVI, MEMBER.
O R D E R DATE: -
08TH JULY, 2008 Shri Minaketan Nayak - the appellant is present. Mr. B.K. Nayak who has filed vakalatnama in favour of the respondents is absent, yet Mr. Minaketan Nayak and perused the impugned orders dated 31.1.2007 passed in Consumer Complaint 'Execution' no.28 of 2006, arising out of C.D. Case no.55 of 2005 of the District Forum, Sambalpur. Vide said orders, the District Forum, Sambalpur has disposed of the execution case dismissing the ssame as devoid of merit and not being maintainable. The District Forum at the same time observed that C.D. Case no.55 of 2005 has been dismissed with a direction to the opposite parties - respondents to comply the orders passed in C.D. Case no.24 of 2003 out of which C.D. 'Execution' Case no.16 of 2004 arose. According to the District Forum further filing of C.D. Case no.55 of 2005 by the complainant - appellant - Minaketan Nayak is unnecessary in view of the orders passed in C.D. Case no.24 of 2003 which order is also under the process of execution as per execution cse no.16 of 2004.
We find that the District Forum after application of its mind properly has exercised its statutory jurisdiction and did not allow to entertain the C.D. Case no.55 of 2005 as a result of which vide orders dated 31.1.2007, the District Forum has rightly dismissed the said C.C. execution case no.28 of 2006. In the circumstnaces, the appeal filed in the present form is not at all maintainable. Thus the appeal stands dismissed without costs.
Records received from the District Forum may be sent back forthwith.