Uttarakhand

StateCommission

MA/3/2022

Smt. Ella Saini - Complainant(s)

Versus

Amit Kumar Saini - Opp.Party(s)

Mr. Gaurav Verma

07 Apr 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
23/16, Circular Road, Dalanwala, Dehradun, Uttarakhand 248001
Dehradun-248001
Final Order
 
Miscellaneous Application No. MA/3/2022
( Date of Filing : 26 Feb 2022 )
In
 
1. Smt. Ella Saini
w/o Amit Kumar Saini d/o Sh. Vijay Kumar Vedalnkar r/o H.No. 486 Secroe 23, near Raju Banquet Hall,
Sonipat
Haryana
...........Appellant(s)
Versus
1. Amit Kumar Saini
s/o Krishanpal Saini r/o 90 Bapuji Nagar, I.T.C. Raod,
Saharanpur
Uttar Pradesh
2. M/s Credo Assest Pvt. Ltd.
SSBP, House , Plot No. 1265, near Tata Agency, Sector-82, JLPL Industrial area, SAS Nagar,
Mohali
Punjab
3. The Union Bank of India
through its Branch Magare,53 Vivek Vihar, Delhi-Hardwar Road, Ranipur mod,
Haridwar
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE D.S. Tripathi PRESIDENT
 HON'BLE MR. Udai Singh Tolia MEMBER
 
PRESENT:
 
Dated : 07 Apr 2022
Final Order / Judgement

Heard Sh. Gaurav Verma, learned counsel for the applicant through video conferencing.

This miscellaneous application has been moved by the applicant, seeking permission to file appeal against the impugned judgment and order dated 13.01.2022 passed by District Commission, Haridwar in consumer complaint No. 127 of 2021; Sh. Amit Kumar Saini, Advocate Vs. M/s Credo Assets Pvt. Ltd. and another.

Learned counsel for the applicant submits that the applicant is the wife of the complainant in the consumer complaint.  His further submission is that the flat in question was allotted in the joint name of the complainant and applicant, but the consumer complaint was filed by the complainant in his sole capacity and the same has been decided ex-parte by learned District Commission and true facts of the case were not brought to the knowledge of learned District Commission.  He has also submitted that the interest of the applicant will be severely affected, if the ex-parte judgment and order passed by learned District Commission exists.  Hence, the applicant may be permitted to file the instant appeal.

Considering the aforesaid facts and circumstances of this case, miscellaneous application is allowed. 

Let the appeal be registered.

Put up on 19.04.2022 for hearing on admission of appeal.

 
 
[HON'BLE MR. JUSTICE D.S. Tripathi]
PRESIDENT
 
 
[HON'BLE MR. Udai Singh Tolia]
MEMBER
 

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