Delhi

StateCommission

A/376/2015

SURESH KUMAR - Complainant(s)

Versus

AXIS BANK LTD. & ANR. - Opp.Party(s)

28 Aug 2015

ORDER

IN THE STATE COMMISSION DELHI
Constituted under Section 9 of the Consumer Protection Act, 1986
 
First Appeal No. A/376/2015
(Arisen out of Order Dated 10/07/2015 in Case No. Complaint Case No. CC/137/2015 of District South II)
 
1. SURESH KUMAR
H.No.-300, PANGLA PANA VILLAGE, VILLAGE-KATEWARA, P.S.-BAWANA N.D.-39.
...........Appellant(s)
Versus
1. AXIS BANK LTD. & ANR.
PANDURANG BUDHKAR MARG, WORLI, MUMBAI-400025.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE VEENA BIRBAL PRESIDENT
 HON'BLE MR. O.P.GUPTA JUDICIAL MEMBER
 
For the Appellant:
For the Respondent:
ORDER

FA-376/15

28.08.2015

Present           Sh. Shrey, Counsel for the Appellant.

 

        In this appeal challenge is made to order dated 10.07.2015 by which the complaint of the appellant i.e. complainant before the District Forum has been dismissed in default.

        Counsel for the appellant/complainant submits that due to wrong noting of date the appearance could not be made before the District Forum on 10.07.2015. It is further submitted that the respondent herein i.e. OP before the District Forum was not yet served and the complaint was at admission stage.

        Since the respondent/OP was not served before the District Forum, we are not issuing notice of this appeal to the respondent.

        In view of the reasoning given for non appearance which is supported with affidavit of the appellant/complainant, we set aside the order dated 10.07.2015 and restored the complaint to its original position.

        Let the complainant to appear before the District Forum on 30.09.2015.

        A copy of this order as per statutory requirement be sent to the District Forum.

        File be consigned to record room.

(Justice Veena Birbal)

President

 

 

(O.P. Gupta)

Member (Judicial)

 

 
 
[HON'BLE MRS. JUSTICE VEENA BIRBAL]
PRESIDENT
 
[HON'BLE MR. O.P.GUPTA]
JUDICIAL MEMBER

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