Uttar Pradesh

StateCommission

RP/160/2018

Branch Manager Central Bank Of India - Complainant(s)

Versus

Arvind Kumar Gupta and others - Opp.Party(s)

Raghvendra Pratap Singh

01 Nov 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP
C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010
 
Revision Petition No. RP/160/2018
( Date of Filing : 30 Oct 2018 )
(Arisen out of Order Dated in Case No. C/111/2016 of District Faizabad)
 
1. Branch Manager Central Bank Of India
Faizabad
Faizabad
...........Appellant(s)
Versus
1. Arvind Kumar Gupta and others
Faizabad
Faizabad
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT
 
For the Petitioner:
For the Respondent:
Dated : 01 Nov 2018
Final Order / Judgement

ORAL

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/160/2018

                       (Against the order dated 12-10-2018 in Complaint Case No.

                            111/2016 of the District Consumer Forum, Faizabad )

Branch Manager

Central Bank of India

Branch Avadh University

Allahabad Road

District Faizabad

                                                                                      ...Revisionist

                                                     Vs.

  1. Arvind Kumar Gupta

S/o Sri Ram Dular Gupta

R/o House No. 630

Mohalla Thaksal

Post Rikabganj

District Faizabad

 

  1. Jila Nagriya Vikas Abhikaran

District Faizabad

                                                                                      ...Opposite parties

 

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist         :   Mr. Raghvendra Pratap Singh, Advocate.

For the Opposite Party   :  

Dated :  01-11-2018

                                                  ORDER

      MR. JUSTICE A. H. KHAN, PRESIDENT 

Sri Raghvendra Pratap Singh, learned Counsel for the revisionist appeared.

Heard learned Counsel for the revisionist and perused impugned order dated 12-10-2018 passed by District Consumer Forum, Faizabad in Complaint Case No. 111/2016 whereby the District Consumer Forum has closed opportunity of written statement for revisionist on the ground that written statement was not filed within 45 days. But the impugned order dated 12-10-2018 shows that revisionist has filed written statement on the same day later on.

In view of impugned order passed by District Consumer Forum it is

 

:2:

apparent that revisionist/opposite party was having opportunity of filing written statement till 12-10-2018 and on 12-10-2018 he has filed written statement subsequent to impugned order passed by District Consumer Forum.

Considering facts of the case in view of proposition laid down by Hon’ble Apex Court in the case of Civil Appeal No…….of 2017 (D. No. 2365 of 2017) Reliance General Insurance Company Limited and another V/s M/s. Mampee Timbers and Hardware Pvt. Ltd. and another it appears just to direct District Consumer Forum to admit written statement filed by revisionist/opposite party.

In view of above revision petition is allowed without issuing notice to the opposite party and the District Consumer Forum is directed to admit written statement filed by revisionist/opposite party in view of proposition laid down by Hon’ble Apex Court in the above mentioned case.

Let copy of this order be made available to the parties as per rules.

 

( JUSTICE A H KHAN )

                                                                                                    PRESIDENT

          Pnt.

 

 

 

 

 

 

 

 

 
 
[HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN]
PRESIDENT

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