Haryana

StateCommission

A/873/2015

STATE BANK OF PATIALA - Complainant(s)

Versus

BALWANT SINGH - Opp.Party(s)

R.C.TANEJA

22 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      873 of 2015

Date of Institution:      12.10.2015

Date of Decision :       22.01.2016

1.     State Bank of Patiala, Mall Road, Patiala (Punjab), through its Managing Director. 

2.     State Bank of Patiala, Pehowa, District Kurukshetra through its Branch Manager.

                                      Appellants/Opposite Parties

Versus

 

Balwant Singh s/o Sh. Kehar Singh, Resident of House No.405, Sector-5, Urban Estate, Thanesar, District Kurukshetra.

 

                                       Respondent/Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:               Shri Abhineet Taneja, Advocate for appellants.

                             Shri Balwant Singh-respondent in person.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This appeal of Opposite Parties is directed against the order dated September 1^st, 2015 passed by District Consumer Disputes Redressal Forum, Kurukshetra (for short District Forum), whereby complaint filed by Balwant Singh-complainant/respondent, was allowed directing the opposite parties to pay Rs.20,000/- to the complainant.

2.      The respondent maintained Saving Bank Account No.65026969018 with State Bank of Patiala (SBP), Kurukshetra.  The grievance of the respondent was that on January 19^th, 2012, an amount of Rs.20,000/- was wrongly debited from his account whereas he never withdrew the said amount. He complained to the SBP but to no avail.

3.     The respondent filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Forum.

4.      Notice being issued, the appellants-opposite parties appeared through Shri Virbhan Bakhli, Advocate on August 14^th, 2012 and the case was adjourned for filing reply. Inspite of availing six adjournments including last opportunity, the appellants failed to file reply. On March 25^th, 2013 neither reply was filed nor anybody appeared on behalf of the appellants and their defence was struck off.

5.      After evaluating the evidence of the respondent, District Forum accepted the complaint and issued direction to the appellants as detailed in paragraph No.1 of this order.

6.      In appeal, the appellants took the plea that the reply was handed over to the counsel but neither reply was filed nor the counsel appeared. Thus, the negligence was on the part of the counsel. The evidence produced by the respondent remained un-rebutted as the appellants did not get opportunity to contest the complaint.

7.      Learned counsel for the appellants has prayed that the case be remitted to the District Forum enabling the appellants to contest the complaint by filing reply and producing evidence.

8.      The evidence produced by the respondent remained un-rebutted because the appellants could not contest the complaint on merits. It is always better to decide the case on merits rather than deciding it on technical grounds.  

 

9.      Hence, the appeal is accepted and the impugned order is set aside subject to the cost of Rs.5,000/- which shall be paid by the appellants to the respondent before the District Forum.  The appellants are accorded an opportunity to join the proceedings before the District Forum. The parties shall be entitled to lead evidence etc.  The case is remitted to the District Forum, Kurukshetra with the direction to decide the complaint expeditiously preferably within a period of six months, which shall be from the date of first appearance of the parties. 

10.     The parties are directed to appear before the District Forum, Kurukshetra on February 5^th, 2016.

11.      Copy of this order be sent to the District Forum forthwith.

12.    The statutory amount of Rs.10,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 22.01.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL