NCDRC

NCDRC

RP/2357/2013

ORIENTAL BANK OF COMMERCE - Complainant(s)

Versus

AKHILESH KUMAR TIWARI & 2 ORS. - Opp.Party(s)

MR. BALVINDER RALHAN

09 Dec 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2357 OF 2013
 
(Against the Order dated 27/11/2007 in Appeal No. 1373/2007 of the State Commission Uttar Pradesh)
WITH
IA/4147/2013
1. ORIENTAL BANK OF COMMERCE
THROUGH ITS BRANCH MANAGER SH JITENDRA KUMAR GOEL CHIEF MANAGER, HS-5 KAILASH COLONY MARKET,
NEW DELHI
...........Petitioner(s)
Versus 
1. AKHILESH KUMAR TIWARI & 2 ORS.
S/O DEEP CHANDRA , R/O S-32 GREATER KAILASH -I
NEW DELHI
2. PRADUMAN KUMAR SHARMA, S/O DEEP CHANDRA,
R/O S-32 GREATER KAILASH -I
NEW DELHI
3. SARDAR HARVINDER SINGH, BRANCH MANAGER,
KUBER GROUP OF COMPANIES, PUNJABI COLONY, R/O ITAWAH
ITAWAH
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Balvinder Ralhan, Advocate
For the Respondent :AKHILESH KUMAR TIWARI & 2 ORS.

Dated : 09 Dec 2013
ORDER

PER JUSTICE J.M. MALIK, PRESIDING MEMBER

 

           Counsel for the petitioner present.  Registrar of Uttar Pradesh State Consumer Disputes Redressal Commission is also present.

          The impugned order dated 27.11.2007 passed by the Uttar Pradesh State Commission runs as follows:

          “Present:

          Hon’ble Smt. Rachna, Presiding Member,

          Hon’ble Sh. Roop Singh, Member

 

          Pronounced by Smt. Rachna, Presiding Member

 

ORDER

 

          Information already sent to file the steps but steps are not filed, hence appeal is dismissed due to non-filing of steps.  Parties will bear their own cost.

          Copy of the order be given to the parties free of cost”.

 

2.      Shri Mohd. Rais Siddiqui, Registrar, Uttar Pradesh State Commission, who is present, submits that during the year 2007, no free copy was used to be sent.  He points out that Registry at that time was not aware of the procedure.  He does not have any record.

3.      Counsel for the petitioner has invited our attention towards the cause list dated 18.12.2012 where the appeal in question was shown as being pending, list at serial number 93.

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4.      The procedure adopted by the State Commission is difficult to fathom.  It mentions information already sent to file the steps but steps are not filed, but there is no proof that the information was sent.

5.      Learned Registrar admits this fact.  It appears that the petitioner was not served at all in this case.  When the petitioner came to know about the fact, he filed application for restoration on 17.04.2013, which was dismissed on 29.04.2013.  There is no evidence that the summons were issued to the respondent.

6.      In view of this situation, we hereby, accept the revision petition, restore the case and the same may be decided as per law.  If the notice is to be issued, the notice to the respondent must be issued as per law not through Internet, which is the procedure normally followed by the U.P. State Commission.

7.      The notice should be issued as per Consumer Protection Regulations, 2005 under Section 10 and as per the CPC.  Moreover, Order 5 Rule 20 of the C.P.C. is pressed into serviced every now and then.  The notice must be sent through Registered Post with acknowledgment due, speed post with track report and through courier.  The State Commission must be satisfied that the service stands affected upon the respondent.  If there is a report that the respondent has left the

 

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given address, it is not a complete service.  Service must be affected on his fresh address.

8.      The petitioner is directed to appear before the State Commission on 17.01.2014 and the State Commission will hear the case as per law.  If it is admitted, then notice must be issued to the opposite party as per law stated above.

9.      Dasti copies be given to the petitioner.  Copy be also sent to the Registrar of the U.P. State Commission as well.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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