Haryana

StateCommission

A/742/2016

JAGDEEP BHARGWAVA - Complainant(s)

Versus

CENTRAL BANK OF INDIA - Opp.Party(s)

DIVAY SARUP

01 Dec 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    742 of 2016

Date of Institution:  12.08.2016

Date of Decision:    01.12.2016

 

Jagdeep Bhargava son of late Shri Anand Bhargava, resident of Anand Bhawan, Thakur Dass Bhargava Marg, Hisar-125001 (Haryana).

….Appellant-Complainant

 

Versus

 

Central Bank of India, at Kailash Bhawan, Anaj Mandi Road, P.B. No.3, Hisar-125001 (Haryana) through its Chief Manager/Manager/Authorized Person.

…Respondent-Opposite Party

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.                    

 

Present:     Mr. Divay Sarup, counsel for the appellant.

Mr. Pawan Kumar Jangra, counsel for the respondent.  

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Jagdeep Bhargava–complainant against the order dated July 18^th, 2016 passed by District Consumer Disputes Redressal Forum, Hisar (for short ‘District Forum’) whereby, the complaint was dismissed in default.

2.      Learned counsel for the appellant has urged that the Clerk of the counsel appearing on behalf of the appellant before the District Forum wrongly noted the date, due to which he could not appear on the date fixed and the complaint was dismissed in default. 

3.      The complaint was dismissed in default because the counsel of the appellant did not appear before the District Forum. So, it cannot be said that there was negligence or a will not to pursue the complaint by the complainant. Therefore, this Commission deems it appropriate to restore the complaint. 

4.      Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of District Forum for adjudication.

5.      The parties are directed to appear before the District Forum on December 12^th, 2016.

6.      Copy of this order be sent to the District Forum.

  

 

Announced 01.12.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

D.R.