NCDRC

NCDRC

FA/201/2024

SMT. HIREN DEVI W/O. LATE S. RAKESH MADHESHIYA - Complainant(s)

Versus

BRANCH MANAGER, HDFC - Opp.Party(s)

MR. PRAMOD K. SINGH

06 Aug 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 201 OF 2024
(Against the Order dated 10/11/2023 in Complaint No. CC/310/2017 of the State Commission Uttar Pradesh)
1. SMT. HIREN DEVI W/O. LATE S. RAKESH MADHESHIYA
R/O - VILLAGE - NAKHA TOLA RAJDHANI, POLICE STATION - JHANGHA, DISTT.GORAKHPUR, UTTAR PRADESH
...........Appellant(s)
Versus 
1. BRANCH MANAGER, HDFC
B-67, FIRST FLOOR SOUTH EXTENSION
DELHI
2. ZONAL LEGAL MANAGER, NORTH-2
HALWASIYA HOUSE, 1ST FLOOR, 11, M.G. MARG HAZARATGANJ, LUCKNOW, UTTAR PRADESH-226001
...........Respondent(s)

BEFORE: 
 HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER
 HON'BLE AVM J. RAJENDRA, AVSM VSM (Retd.),MEMBER

FOR THE APPELLANT :

Dated : 06 August 2024
ORDER

For the Appellant         (s)      :        Mr. Pramod K. Singh, Advocate     

         

For the Respondent(s)          :        Ms. Anjhalika Sharma, Advocate    

 

Dated : 06.08.2024

ORDER (ORAL)

Heard learned Counsel for both the parties.

Learned Counsels for both the parties state that vide order                 dated 10.11.2023, Complaint No.310 of 2017 filed by the Appellant was

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dismissed in default as both the parties did not appear before the State Commission that day.  There was a Bar Council Resolution on that day giving them an impression of court proceedings would not be taking place on that day. Therefore, both the parties did not appear.

Learned Counsel for the Appellant as well as the Respondent regret their non-appearance before the State Commission and seek that the matter be remanded back to the State Commission for consideration on merits.

We have examined the records and heard the learned Coiunsel for both the parties.

Considering the submissions made, the order of the State Commission dated 10.11.2023 is set aside and the Complaint No.310 of 2017 is restored to its original number subject to the Appellant depositing costs of ₹500/- and Respondent depositing costs of ₹5,000/- in the Consumer Legal Aid Account of the State Commission within a period of four weeks. 

All the parties are directed to appear before the State Commission on 12.09.2024.  On that date, the Appellant and the Respondent are directed to produce the proofs of deposits before the State Commission.

          The learned State Commission is requested to consider the matter as per law, preferably within a period of four months.

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With these directions, First Appeal No.201 of 2024 stands disposed of.

          All pending Applications, if any, are also disposed of accordingly.

 
......................................
SUBHASH CHANDRA
PRESIDING MEMBER
 
 
...................................................................................
AVM J. RAJENDRA, AVSM VSM (Retd.)
MEMBER

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