NCDRC

NCDRC

FA/599/2013

K. SIVAKUMAR - Complainant(s)

Versus

BRANCH MANAGER, INDIAN BANK & 3 ORS. - Opp.Party(s)

IN PERSON

05 Aug 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 599 OF 2013
 
(Against the Order dated 04/06/2013 in Complaint No. 613/2012 of the State Commission Tamil Nadu)
1. K. SIVAKUMAR
BY POWER OF ATTORNEY AGENT, S. KRITHIVASAW, R/O. 2132, VALLALAV KOIL, DOUBLE STREET,
MAYILADUTURAI-609001
...........Appellant(s)
Versus 
1. BRANCH MANAGER, INDIAN BANK & 3 ORS.
MAHADANA STREET, MAYILADUTARAI-609001
1
2. THE DY. GENERAL MANAGER, INDIAN BANK
CIRCLE OFFICE, KUWABAKONUR-612001
3. THE PUBLIC INFORMATION OFFICER, INDIAN BANK HEAD OFFICE,
CHENNAI-600001
4. THE CHAIRMAN
INDIAN BANK HEAD OFFICE,
CHENNAI-600001
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :
Shri S. Krithivasan, Father of
Appellant.
For the Respondent :
Shri Nikhil Jain, Adv

Dated : 05 Aug 2014
ORDER

            Heard Appellant and Learned Counsel for the Respondents and perused the record.

          This appeal has been filed by the Appellant against the order dated 4.6.2013 passed by Learned State Commission by which application for reviewing the order of dismissal in default was rejected.

          Learned State Commission in the impugned order mentioned that original complaint No. 2122 of 2010 was dismissed in default on 31.10.2011 and Appellant filed application for restoration of the complaint.  Learned State Commission rightly observed that State Commission does not have power to review its order and rightly dismissed the application.  We do not find any informity in the impugned order and appeal is liable to be dismissed.

          Appellant should have challenged the order of dismissal in default  instead  of  the  order  dismissing the review application fo restoration of complaint.  Consequently, appeal filed by the Appellant is dismissed with no orders as to cost.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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