(Delivered on 27/03/2019)

PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.

1.      This revision  petition  is directed against  the order dated 03/10/2018 passed by the District Consumer Forum, Nagpur, by which  the consumer complaint  No. 358/2018 has been  proceeded  exparte against the petitioners/original  opposite party (for short O.P.)Nos. 1&2 due to their remaining  absent  before  the said Forum despite service of notice. We have heard Adv. Mr. Arindam Niyogi appearing for the petitioners and Mr. Bhaskar Shankar Thengdi, the respondent  in person.  We have also perused the record  and  proceeding  of the present  petition.

 2.      The learned advocate of the petitioners  submitted in brief that  after receipt  of  notice of the original complaint , the original O.P. Nos. 1&2/petitioners  did not appear  before the Forum on the given date. He gave  the reasons  for not  appearing  in brief  that  the  petitioners Head Office is situated  at Hyderabad in Telangana State  & hence, much time  was consumed  in taking  administrative process, following protocol and taking instruction from the  counsel  and exchange of  documents  & thus  the delay  has been occurred.  He further submitted that that  when  the petitioners  appeared  through  their advocate  before the Forum below, the impugned  order was already passed  to proceed exparte  against  the petitioners.  Thus according to him  non appearance of the petitioners  before the Forum below  on given date was not deliberate or intentional   but due to  aforesaid reasons. Hence, he requested that  the impugned order may be set aside and petitioners /original O.P.Nos. 1&2 may be  allowed to appear before  the Forum below  to contest  the complaint  by filing reply.

3.      On the other hand, the respondent strongly  opposed  the request made by the learned advocate of the petitioners. He also filed written notes of argument on 04/02/2019 and additional  written notes of argument  today.  He submitted that  the notice to the petitioners/original O.P.Nos. 1&2 was served  on 28/06/2018 but they failed  to appear on  given dates i.e. on 10/08/2018, 15/09/2018 and 03/10/2018 and hence the Forum below has rightly passed the impugned order on 03/10/2018 to proceed exparte against the original  O.P.No. 1&2/petitioners. He further  submitted that  petitioners  through  their  advocate appeared before the Forum  on next date i.e. on 12/10/2018  & at that time the Forum  has rightly  refused to accept  the power of  advocate of the petitioners as complaint was already  proceeded exparte against the  petitioners.  According to the respondent,  the petitioners  wilfully  remained absent  and they have  no regard for Forum and they have no respect for notice served  to them by the Forum below. Hence, he requested that  the  revision  petition may be dismissed  and impugned order may be maintained.

4.      It is not disputed that the notice issued to the original O.P.Nos. 1&2/petitioners was served  to them on 28/06/2018 and that they did not appear before the Forum on  next three dates i.e. on 10/08/2018, 15/09/2018 and 03/10/2018.  But they appeared through  an  advocate  before the Forum on 10/10/2018. It is also not disputed that  the  O.P.No. 3, which is  one of the branch of the same bank, appeared before the Forum and filed its reply and thereby it resisted the said  complaint.   We find that  when  O.P.No. 1 being  one of the branch of the petitioners already  appeared before the Forum and filed reply to the said complaint  then no prejudice will be caused to the respondent if the O.P.Nos. 1&2 are also allowed  to appear before the Forum and to file reply to the complaint.  Thus considering  above  reason given  for non appearance  of the petitioners  before the Forum below on the given dates and considering that  on 12/10/2018 petitioners  appeared before Forum below, after completing  administrative process,   one opportunity  needs to be granted to the petitioners to  appear before the Forum and to file reply  to the complaint, subject to  reasonable cost. Accordingly, we proceed to pass following order.

ORDER

i.        The revision petition is allowed as under.

ii.       The impugned order dated 03/10/2018 passed against  the  original O.P. Nos. 1&2/petitioners  is set aside  subject to payment  of cost of Rs. 5000/- by the  O.P. Nos. 1&2/petitioners  to the complainant.  At this  juncture  the respondent submitted that  he does not want to take  cost of Rs. 5000/- from the O.P. Nos. 1&2/petitioners.  Therefore, he has waived the said cost.  Thus Forum shall allow the petitioners to appear before  it and to file reply to the complaint.

iii.      The O.P.Nos. 1&2/petitioners shall file reply to the complaint on 05/04/2019 before the Forum below which  shall be taken on record.

iv.      The District Consumer Forum, Nagpur shall decide the complaint expeditiously and preferably within the period of six months form the date of receipt of copy of the present order.

v.       Copy of present order be furnished to both parties, free of cost.