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IN Tt-lE STATE CONSUM ER' ufSPUTE REDRESSA COMMISSION ORISSA : CUTTACK

0 I 101 Flt~ST ,O.PPEAL. NO IN THE MATTER OF :

An application U/s. 15 of the Consumer Protection Act, 1986 ;

AND (

IN THE MATTER OF :

Chief Regional Manager (L.P.G.

Hindustan Petroleum Corporati on Ltd.

L.P.G. Regional Office, H.P.C.L., L.P.G. Bottling Plant, At - Chhanaghar, Jatni, P.O. - Kusumati, Dist - Khurda PIN - 752 050 (Odisha).

.. .. APPELLANT - Vrs. -

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1) Manas Kumar Nayak

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Aged about 33 years, S/o. Subash Chandra Nayak Viii - Kattap alli, P.O./P. S. - Raikia, Dist - Kandhamal.

2) Asian Gas Service Represented through its Propri eto Md. Sakill At - Hc1tap21da, P.O./P.S. - Pl1ulbani Di st - Ka nc; n,Jn7J I.

... ... RESPONDENT SI. No. Date of of Order Order ORDER WITH SIGNATURE Office note as to action (if any), taken on Order F.A. 460/2014

06 09-2022 Heard learned counsel for the app ·llant. None appears for · Respondent.

2. Here is an appeal Filec U/S 15 of the erstwhile Consumer Protection Act 1986 (here in-after called the Act) Parties to this appeal shall be referred o with reference to their respective stat11s,b efore the learned Distr ·c t Fornm.

3. Learned counsel for the appellant submitted that he could not appear before the learned District commission and as such was set exparte. According o him learned District Commission has heard the matter of the ::omplainant expartc. He stated that the dispute was arised between the complainant & L!-ie O.P No. I where as the present appell. nt is O.P No.2 in the complaint petition. The complainant ha no specific allegation against the present appellant. The present appellant has been included as O.P No.2 subsequently.

The documentary evidence filed by the complainant clearly indicates hat transaction have *

Office note as to action (if any), SL Ne Date of ORDER WITH SIGNATURE taken on Order of O,t 1,·· Order been made between complainant & O.P Jo. l. Money receipt has been issued by O.P No. l. Agreement his been made between complainant & OP No. l. The present app llant has no knowledge about such transaction. Hence he submittrd that Learned District comrruss10n has not considered the matter with proper perspective. Further he submitted that if u bportunity is given they would appear b~fore Learned District Co 11mission & submit all the facts & defend the case of the appeila ht. Learned counsel for the appellant .s ubmitted to remand the natter to the Learned District Corrurussions o that they would be able to file written version & contest the matter.

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4. After going through the impugned der & considering· the

01 fact that complaint case has been dispost bpportunity to the present appellant to file ,,ritten version & hear

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he parties & dispose of the case.

5. Therefore we hereby allow the app,:al & set aside tJ1e mpugned order against the ~~\t appclla, I & remand the OGP-MP-Cl CP (FSlSCW) 2-1.00 000-29-6-2020 Date of Order ORDER WITH SIGNATURE Office note as to action (if any), taken on Order matter to the Learned District Commis. ion with direction to give oppo1tunityt o the present appellant( 0. -2 in complaint case) to file written version within a period o the one month from the date of receipt of copy of this order & hereafter direct parties to adduce evidence if any and dispose f the matter within two months. The appellant is directed to pear before the learned District Commissiono n 23-09-2022 to ceive further instruction from it. It is made clear that this Co ·ssion has not given any opinion on the merit of the case a d the Learned District Commissions hall dispose the case in ac ordance with law on the material produced before it. No cost.

Supply free copy of this order to th respectivep arties or the copy of this order be downloaded from confonent or website of this commission to treat the same as opy supplied from this comm1ss10n.

0 1 ( Dr.D.P.Ch udhury,J (Presi d ··n t)

(Dr. P.K. Pn sty (Member I 111. 1 - ~•- :.-fl\;lf,:;1117~)1