Chandigarh

StateCommission

RP/41/2016

Axis Bank Ltd, - Complainant(s)

Versus

Baljit Kaur - Opp.Party(s)

Suresh Goyal and Saurav Goyal

01 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

                                                                 

Revision Petition No.	:	41 of 2016
Date of Institution	:	13.10.2016
Date of Decision	:	01.11.2016

 

 

Axis Bank Ltd. through its Branch Manager having Branch Office at Sector 9, Madhya Marg, Chandigarh.

……Revision Petitioner/Opposite Party.

Versus

1. Baljit Kaur wife of Late Sh. Jagjit Singh,
2. Fatehbeer Singh S/o Late Sh. Jagjit Singh,
3. Ms. Amandeep Kaur D/o Late Sh. Jagjit Singh,

All resident of Village Shiekpura, District SAS Nagar, Mohali, Punjab.

                              …..Respondents/Complainants.

Revision Petition under Section 17 of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

 

Sh. Suresh Goyal, Advocate for the Revision Petitioner.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

 

 

            This Revision Petition has been filed against order dated 19.07.2016 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’), in Consumer Complaint No.506 of 2015, striking off defence of the Revision Petitioner/Opposite Party on account of technical reason.

2.         Sh. P. S. Ahluwalia, Advocate is present before the District Forum and on our asking, he accepts notice of this revision petition on behalf of the respondents/complainants. Copies of the revision petition and other documents annexed therewith have been supplied to him.

3.         It is on record that beyond period of 45 days, permission was granted to the Revision Petitioner/Opposite Party to file its written statement and evidence. Accordingly, the documents were placed on record.

4.         We feel that the Forum, in view of above fact, was not justified in passing the impugned order.

5.         Be that as it may, Sh. P. S. Ahluwalia, Advocate, Counsel for the respondents/complainants, faced with the above said situation, very fairly states that let the matter be heard on merits and on the basis of reply, evidence and documents already placed on record by the Revision Petitioner/Opposite Party, arguments be heard and matter be decided.

6.         The matter is now fixed before the Forum on 07.12.2016.

7.         In view of above, the Revision Petition is accepted. Order under challenge is set aside.

8.         The parties/their Counsel are directed to put in appearance before the Forum on 07.12.2016.

9.         The respondents/complainants have already submitted their written arguments. The Revision Petitioner/Opposite Party should submit its written arguments before the next date of hearing before the Forum with advance copy to the Counsel opposite.

10.        We expect that the Forum will positively hear arguments on the date fixed. No further adjournment be granted and the matter be decided accordingly.

11.        Order passed is subject to payment of Rs.3,000/- as cost, which will also include cost of Rs.500/- which already stood granted by the Forum in favour of the respondents/complainants. Let the above said amount be paid by the Revision Petitioner/Opposite Party to the respondents/ complainants on the next date of hearing before the Forum.

12.        Certified copies of this order be sent to the parties, free of charge.

13.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

14.        File be consigned to the Record Room after completion.

Pronounced.

1^st November, 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/rb