ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 75 OF 2018
(Against the order dated 14-03-2014 in Complaint Case
No.42/2008 of the District Consumer Forum, Chitrakoot)
- Sami Ullah, S/o Sri Subhan Ullah
R/o Village Taronha
Tehsil Karvi, District Chitrakoot.
- Mohammad Shabbir, S/o Sri Safir Ullah
R/o Village Taronha
Tehsil Karvi, District Chitrakoot.
...Appellant/Complainant
Vs.
- Allahabad Bank, Branch Taronha
Tehsil Karvi, District Chitrakoot
Through Branch Manager
- Assistant Manager, Divisional Office
Allahabad Bank, Allahabad.
- General Manager, Allahabad Bank
2, Netaji Subhash Chandra Road
Kolkata-700001
- The Oriental Insurance Company Limited
2, Mirzapur Road, Naini, Allahabad-211008.
- Agriculture Insurance Company of India Limited
Lucknow. Regional Office Marrie Gold Building
4, Shahnazaf Road, Hazratganj, Lucknow.
- Zila Krishi Adhikari, Chitrakoot.
- Zila Adhikari, Chitrakoot.
Respondents/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Sri Ram Gopal, Advocate.
For the Respondents No.01 : None appeared
02, 03, 06 and 07
For the Respondent No.05 : Sri Dinesh Kumar, Advocate.
For the Respondent No.04 : Sri Waquar Hashim, Advocate.
Dated : 22-10-2019
ORDER
MR. JUSTICE A. H. KHAN, PRESIDENT
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Learned Counsel Sri Ram Gopal appeared for the appellants.
Learned Counsel Sri Dinesh Kumar appeared for the respondent No.05.
Learned Counsel Sri Waquar Hashim appeared for respondent No.04 appeared.
None appeared for respondents No. 01, 02, 03, 06 and 07 despite sufficient service of notice.
Learned Counsel for respondent No.05 filed objection against delay condonation application.
Heard learned Counsel for the parties on delay condonation application.
Appellant has filed affidavit in support of delay condonation application wherein it has been stated that complaint was filed before District Consumer Forum, Chitrakoot by appellants alongwith 17 other complainants. The complaint was dismissed in default of complainants vide order dated 14-03-2014 passed by District Consumer Forum and the learned Counsel for the complainants received free certified copy of order on 26-03-2014 but he did not inform appellants or other complainants after receipt of the certified copy.
In affidavit it has been stated by appellant No.01 that he contacted his Counsel in District Consumer Forum on 04-12-2017. Thereafter he came to know about dismissal of complaint in default of complainants. Thereafter he obtained certified copy of impugned judgment and order and filed appeal before State Commission.
Objection has been filed by respondent No.05 against delay condonation application.
It is contended by learned Counsel for the appellants that delay has not been caused deliberately by appellants in filing appeal. Learned Counsel for the appellants/complainants in District Consumer Forum has not informed complainants about the dismissal of complaint in default of complainants. Appellants have filed appeal immediately after knowledge of dismissal order.
It is further contended by learned Counsel for the appellants that the
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respondent No.01 Allahabad bank has admitted claim of appellants in written statement wherein it has been stated by the bank that the accounts of appellants and other complainants mentioned in paragraph 14 of the written statement have been modified after making adjustment of the insurance amount. Therefore, the District Consumer Forum should have passed order in terms of this averment made in written statement of the bank but the District Consumer Forum has dismissed complaint in default of complainants without taking into consideration the averments made in written statement of bank.
It is contended by learned Counsel for the appellants that the delay should be condoned and appeal should be heard on merits.
Learned Counsel for the respondent No.5 submitted that the cause alleged by appellants is not sufficient to condone delay of appeal. The delay condonation application should be rejected.
Learned Counsel for the respondent No.04 also opposed delay condonation application.
I have considered the submissions made by learned Counsel for the parties.
Vide impugned order complaint has been dismissed in default of complainants. In paragraph 14 of written statement filed by the bank/opposite party No.01 before District Consumer Forum the claim of appellants/complainants has been admitted and it has been stated that the accounts of appellants and other complainants have been amended after adjustment of insurance amount.
Appellants have shown reason for the delay in filing appeal.
Considering all facts and circumstances of the case as well as averments made in written statement filed by bank before District Consumer Forum it appears just to condone delay and to hear appeal on merits.
In view of above delay condonation application is allowed and delay of appeal is condoned.
Appeal is admitted for hearing on merits.
Heard learned Counsel for the parties on merit of appeal.
Vide impugned order dated 14-03-2014 the Complaint Case No.
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42 of 2008 Laxman Singh and others V/s Allahabad Bank and others has been dismissed by District Consumer Forum, Chitrakoot in default of complainants. Sri Rahul Sharma, learned Counsel for bank opposite party No.01was present before District Consumer Forum on the date. But none appeared for the complainants.
Appellants have shown reason for their absence on date fixed.
Considering all facts and circumstances I am of the view that the appeal should be allowed and order dated 14-03-2014 should be set aside on payment of cost to opposite party No.01 of complaint.
In view of above, the appeal is allowed. Impugned order dated 14-03-2014 passed by District Consumer Forum, Chitrakoot in Complaint Case No. 42 of 2008 Laxman Singh and others V/s Allahabad Bank and others is set aside on payment of cost of Rs.1,000/-. The complaint is remanded back to the District Consumer Forum with direction to restore it on its original number. The complainants/appellants shall deposit cost of Rs.1,000/- before District Consumer Forum on date fixed in this judgment. Thereafter the complaint shall be restored on its original number and notice shall be issued to the opposite parties by District Consumer Forum for proceeding further in accordance with law. The appellants shall appear before District Consumer Forum on 09-12-2019 positively and shall deposit above cost on this date.
It is clarified if the cost is not deposited on the date of appearance fixed above, this order shall have no effect. Said cost if deposited shall be paid to opposite party No.01 of complaint.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt.
