Dismissed

Om Prakash Ray v. Dist. Consumer Disputes Redressal Commission, Sambalpur

Orissa HC19 Oct 2022WP(C)/20580/2022

Case brief

AI extract

What is this about?

Petitioner challenged a District Consumer Disputes Redressal Commission judgment regarding a cooperative society matter, contending lack of jurisdiction. Court dismissed writ, noted remedy of appeal exists, and stayed Commission order pending appeal.

What did the court decide?

Stay of operation of Commission judgment dated 22.08.2022 till 11.11.2022 pending approach to appellate forum.

Om Prakash Ray Vs Dist. Consumer Disputes Redressal… — Consumer Protection | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

WP(C) No.20580 of 2022

¶3

(Through Hybrid mode)

¶4

Om Prakash Ray

¶5

Petitioner

¶6

Dr. Mahendra Pratap Singh, Advocate

¶7

-Versus-

¶8

…. Dist. Consumer Disputes Redressal Opposite Parties Commission, Sambalpur and another

¶9

CORAM: JUSTICE ARINDAM SINHA

ORDER

Order No.

19.10.2022

Dr. Singh, learned advocate appears on behalf of petitioner. He had moved the petition on 14^th September, 2022. Order made that date is reproduced below.

¶15

“1. Mr. Singh, learned advocate appears on behalf of petitioner. He files supplementary affidavit disclosing judgment dated 22^nd August, 2022. He submits, the writ petition was filed in anticipation of the judgment reserved. On it being delivered it be treated as impugned in the writ petition.

¶16

2. It appears the District Consumer Disputes Redressal Commission passed impugned judgment against opposite parties in the Commission, connected to Sahara Universal Multipurpose Society Limited. The society was opposite party no.5 while petitioner, described as ‘Head Sahara Office’, was opposite party no.1.

¶17

3. Issue notice along with this order on the petition and supplementary affidavit, upon

¶18

Page 1 of 3

¶19

opposite party no.2 by registered/speed post with AD. Petitioner will put in requisites.

¶20

4. List on 12^th October, 2022. The I.A. will be considered on adjourned date.”

¶21

He submits, service has been duly made on opposite party no.2. Said opposite party goes unrepresented.

¶22

Dr. Singh refers to subsequently passed judgment dated 22^nd August, 2022 by District Consumer Disputes Redressal Commission directing, inter alia, his client to pay maturity value Rs.4,40,000/- as on 11^th September, 2011 to opposite party no.2 and 12% interest thereon till repayment. Further directions were also made.

¶23

He submits, the Commission lacks jurisdiction to entertain the complaint. It is a matter relating to cooperative societies and does not come under Consumer Protection Act, 2019.

¶24

It appears from the judgment this contention of petitioner was dealt with under issue no.1. As such, there has been an adjudication. It cannot be said that in the process petitioner was not heard. In the circumstances, remedy of appeal is provided to petitioner, under the statute.

¶25

There will be stay of operation of judgment dated 22^nd August, 2022 in Consumer Case no.30 of 2022 till 11^th November, 2022, within which time petitioner may approach the appellate forum. This order will stand automatically vacated thereafter.

¶26

Page 2 of 3

¶27

RKS

¶28

7. The writ petition is disposed of.

¶29

(Arindam Sinha)

¶30

Judge

¶31

Page 3 of 3

Om Prakash Ray v. Dist. Consumer Disputes Redressal Commission, Sambalpur

Case brief

What is this about?

What did the court decide?

Om Prakash Ray v. Dist. Consumer Disputes Redressal Commission, Sambalpur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suchismita Dash Vs Raj Kishore Sharma, I.A.S.

Aruna Samantaray Vs G.M, R.B.I, Bbsr, Khurda

Odisha Nursing Employees Association Vs State of Odisha

Bm, Sahara India, Dhanupali Branch Vs Dist. Consumer Disputes Redressal Commission, Sambalpur

Ekangini Naik Vs the Manager in Charge, Magma Hdi, General Insurance Company Ltd., Bbsr

Gitarani Mohapatra Vs State of Odisha