NCDRC

NCDRC

RP/675/2011

SURESH KR. KHETAWAR - Complainant(s)

Versus

BANK OF AMERICA & ANR. - Opp.Party(s)

MR. P.K. GOSWAMI

09 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 675 OF 2011
 
(Against the Order dated 19/01/2011 in Appeal No. 86/2010 of the State Commission West Bengal)
1. SURESH KR. KHETAWAR
Residing at Tarun Ram Phukan Road, Haibargaon, Mouza-Town, P.O. Haibargaon, P.S. Nagaon Sadar
Nagaon
...........Petitioner(s)
Versus 
1. BANK OF AMERICA & ANR.
8 India Exchange Palace
Kolkata - 1
Delhi
2. THE MANAGER, ABN AMRO BANK
N.V. 83, Tapsia Road
Kolkata - 71
West Bengal
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :MR. P.K. GOSWAMI
For the Respondent :NEMO

Dated : 09 May 2011
ORDER

Heard the counsel for the petitioner. The matter had in fact proceeded ex-parte as against the respondent no. 2/ opposite party no. 2 and the ex-parte hearing was concluded on 06.05.2010. However, in the meantime, the composition of the Bench had changed. The matter came up before the new Bench with the result that the matter was required to be heard afresh. On 30.06.2010 when the matter came up before the new Bench, OP no. 2 filed affidavit of evidence and questionnaire against the evidence filed by the complainant. The District Forum allowed the same subject to payment of Rs.3000/- by OP 2. As such, ex-parte order was vacated and the matter was fixed for further hearing on 26.08.2010. This order was challenged by the petitioner before the State Commission and the State Commission dismissed the revision petition. The State Commission was of the view that since the OP 2 had came forward to contest the matter, an opportunity should be given to the OP 2 in that behalf. Therefore, the revision was dismissed. This is the second revision against the order of the District Forum. We do not find any jurisdictional error, illegality or material irregularity in the orders of the fora below. The revision is accordingly dismissed at the admission stage itself with no order as to cost.

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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