IN THE STATE COMMISSION

(Constituted under section 9 of the Consumer Protection Act, 1986)

Date of Decision: 09.12.2014

First Appeal No. – 1056/2014

M/s ICICI Bank Limited

Having Its Registered Office at:

Landmark, Race Course Circle,

Vadodara-39007.

Having Its Branch Office at:

2^nd Floor, Videocon Tower,

Block: E-1 Jhandenwalan Extension,

New Delhi

                                                                                              …….Appellant

Versus

Sh. Dhruv Narayan Thakur

S/o Late Sh. Nilamber Thakur,

R/o, House No. I-439,

Gali No. 12-A, Hari Nagar,

Jait Pur, Badarpur,

New Delhi-110044.

                                                                                    .….Respondent

CORAM

Justice Veena Birbal, President

Salma Noor, Member

Justice Veena Birbal, President

                Respondent is served and is present in person.

                Admit. With the consent of the parties appeal is taken up for final disposal.

                A challenge has been made to order dated 17.09.2014 by which the appellant herein i.e. OP before the District Forum has been proceeded ex-parte. The submission of appellant is that he was never served before the District Forum due to which he could not appear on date fixed. On the other hand, respondent herein i.e. complainant has submitted that the appellant was intentionally avoiding to appear before the District Forum.

                 We have considered the submissions made. There is nothing on record to show that the appellant was served before the District Forum. There is also nothing on record to show that appellant was intentionally avoiding to appear as is alleged. To cut short further in delay in the matter and for effectively disposal of the complaint case on merits, we set aside the impugned order dated 17.09.2014, subject to costs of Rs. 4000/- to the respondent. 

                 It is submitted that the matter is listed before the District Forum on 23.04.2015. On the said date appellant shall appear before the District Forum along with written version and shall also pay costs of Rs. 4000/- to the respondent. Thereafter, the Ld. District Forum shall proceed in the matter in accordance with law.

                 Appeal stands disposed of accordingly.

                 Copy of this order be sent to District Forum. File be consigned record room.