NCDRC

NCDRC

RP/2913/2017

RECOVERY OFFICER, INDUSIND BANK & 3 ORS. - Complainant(s)

Versus

ASHOK BALARAM BAIKAR - Opp.Party(s)

MR. R. ANAND PADMANABHAN, MR. ROMIL PATHAK & MS. ANANYA MUKHERJEE

05 Mar 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2913 OF 2017
 
(Against the Order dated 16/06/2017 in Appeal No. 147/2016 of the State Commission Maharashtra)
1. RECOVERY OFFICER, INDUSIND BANK & 3 ORS.
CONSUMER FINANCE DIVISION, 212/213, NEW VYAPAR BHUVAN, 2ND FLOOR, 49, P.D. MELLO ROAD, MASJID,
MUMBAI-400009
MAHARASHTRA
2. PRESIDENT, INDUSIND BANK
REG. OFF., AT 2401, GEN. THIMMAYY ROAD(CANTONMENT)
PUNE-411001
MAHARASHTRA
3. MANAGER, INDUSIND BANK
,,BAI OFF. AT 904, "B" WING, BSEL TECH. PARK, PLOT NO.39/5, SECTOR 30-A, OPP. VASHI RLY. STN. VASHI,
NEVI MUMBAI-400705
MAHARASHTRA
4. MANAGER, INDUSIND BANK
CORP. OFF. AT 8TH FLOOR, TOWER-1, ONE INDIA BULLS CENTRE 841, S.B. MARG, ELPHINSTONE ROAD,
MUMBAI-400013
MAHARASHTRA
...........Petitioner(s)
Versus 
1. ASHOK BALARAM BAIKAR
R/O. 368, PAPA BHUI CHAWL, NEHRU NAGAR, V.M. ROAD, VILE PARLE (E),
MUMBAI-400056
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR,MEMBER

For the Petitioner :
Ms. Amrita Kadam, Advocate
For the Respondent :
Mr. Suresh Chandra N. Chatauk,Advocate

Dated : 05 Mar 2019
ORDER

 

 

 

ORDER

          This revision petition is directed against the order of the State Commission dated 16.06.2017 whereby the State Commission dismissed the revision petition filed by the petitioners against the order of the District Forum refusing to take the written version of the petitioners on record.

2.      A perusal of the impugned order would show that the notice of the consumer complaint was served upon the petitioners on 20.04.2016.  They sought to file the written version on 07.06.2016 about 48 days after the receipt of the notice.

3.      In our opinion, the delay in filing the written version being rather insignificant, ought to have been condoned, subject to the payment of costs to the complainant.  The impugned orders are, therefore, set aside and the written version filed by the petitioners is taken on record, subject to the petitioners paying a sum of Rs.25,000/- as costs to the complainant.

4.      The parties shall appear before the District Forum on the next date of hearing fixed before it.  On that date, the District Forum, subject to payment of costs imposed upon the petitioners, shall proceed with the complaint after taking the written version of the petitioners into consideration.  The District Forum is also directed to decide the complaint within six months of the parties appearing before it.

5.      The revision petition is disposed of accordingly.

 
......................J
V.K. JAIN
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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