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.
- Arvind Kumar Gupta
S/o Sri Ram Dular Gupta
R/o House No. 630
Mohalla Thaksal
Post Rikabganj
District Faizabad
- 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.