URMILLA DATTA Vs. MANORANJAN PANDA

JUDGEMENT

(1.) This petition challenges the order of the State Commission, Orissa in FA No. 80 of 2010 in which the State Commission has dismissed the appeal of the petitioners for non-prosecution, The appeal itself was filed challenging the order of District Consumer Disputes Forum, Cuttack, Orissa in CC No. 95 of 2009. The District Forum had dismissed the complaint of the two Complainants against Dr. Manoranjan Panda, Advocate and others. From the narration in the revision petition and the documents accompanying it, we find that the Complainants had filed the appeal before the State Commission on 6.1.2010. This was followed by an application before the National Commission on 12.5.2010, seeking transfer of the First Appeal No. 80 of 2010 from Orissa to any other State Commission. The National Commission passed the following order on 19.5.2011:

(2.) We have perused the records filed by the revision petitioner and heard Shri Dibyasingha Mohanty, Petitioner No. 2/ Complainant No. 2 on behalf of both the petitioner.

(3.) It is argued that the matter came up on several dates between 5th and 25th of February, 2010, but was not admitted for want of LCR from the District Forum. It is claimed that the appellant No. 2 was present before State Commission on all such occasions. After filing the transfer application before the National Commission, the petitioners informed the State Commission, through an affidavit of 16.7.2010. Thereupon the case was adjourned to 28.9.2010. According to the petitioners, the State Commission adjourned the matter sou motu without any notice to the appellant (present petitioners).