Haryana

StateCommission

A/428/2015

INDUSIND BANK LTD. AND ANOTHER - Complainant(s)

Versus

AMRIK SINGH - Opp.Party(s)

ASHWANI TALWAR

21 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :           428 of 2015

Date of Institution:          07.05.2015

Date of Decision :           21.10.2015

 

1.      IndusInd Bank Limited, Jagadhari Road, Near Telephone Exchange, Tehsil Jagadhari, District Yamuna Nagar through its Branch Manager.

2.      IndusInd Bank Limited, Door No.69, Ishwar Dham Street, Old Mahabalipuram Road, Muthamiz Nagar Karapakkam, Chennai (Head Office), through its Chairman/MD.

          Appellants No.1 & 2 both through Sh. Yudhvir Singh, Deputy Manager, Legal IndusInd Bank Limited, B-9, Second Floor, B Block, Community Centre, Janakpuri, Delhi.

                                      Appellants-Opposite Parties

Versus

 

Amrik Singh son of Didar Singh, resident of Village and P.O Nihalgarh, Tehsil Paonta Sahib, District Sirmaur (Himachal Pradesh).

                                      Respondent-Complainant

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

                                                                                                         

Present:               Shri A.S. Khara, Advocate for appellants.

Ms. Arshpreet Kaur, Advocate for respondent.

 

O R D E R

 

NAWAB SINGH J.(ORAL)

 

The instant appeal has been preferred by IndusInd Bank Limited and another-opposite parties (appellants) against the order dated April 09^th, 2015 passed by District Consumer Disputes Redressal Forum, Yamuna Nagar (for short District Forum), whereby, complaint filed by Amrik Singh-complainant was accepted.  For ready reference, operative part of the order is reproduced as under:-

1. To issue No Dues Certificate alongwith Form No.35 to the complainant and also to return six blank cheques to him.
2. To pay a sum of Rs.5,000/- as compensation for mental agony, harassment as well as financial loss.
3. To pay Rs.2200/- as cost of unwanted litigation including the advocates fee etc.”

2.      The complainant got his truck financed from the appellants in the year 2012.  He cleared the loan on July 22^nd, 2014 and requested the appellants to issue No Dues Certificate alongwith Form No.35 but they did not pay any heed to him.  Hence, the complaint.

3.      Notice of the complaint was issued to the appellants.  The appellants through their counsel appeared on September 26^th, 2014 but thereafter none appeared on their behalf and proceeded ex parte before the District Forum.

4.      Learned counsel for the appellants has urged that opportunity be given to the appellants to file reply and contest the complaint.  The impugned order be set aside.

5.      Since the appellants were proceeded ex parte before the District Forum and as such could not contest the complaint on merits, it would be in the interest of justice to give an opportunity to the appellants to contest the complaint on merits. Thus, the appeal is accepted and the impugned order is set aside. The appellants are accorded opportunity to join the proceedings and parties shall be entitled to lead evidence etc.  The case is remitted to the District Forum, Yamuna Nagar with the direction to decide the complaint expeditiously preferably within a period of three months, which shall be from the date of first appearance of the parties. 

6.       The parties are directed to appear before the District Forum on November 30^th, 2015.

7.      Copy of this order be sent to the District Forum.

8.      The statutory amount of Rs.3600/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced: 21.10.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

U.K