Delhi

StateCommission

A/614/2014

NAVEEN BHATIA - Complainant(s)

Versus

H.D.F.C . BANK LTD. - Opp.Party(s)

22 Aug 2014

ORDER

First Appeal- 614/2014

Sh. Naveen Bhatia

S/o Sh. G.R. Bhatia

R/o 4/704, Malidu,

16, Gurgaon Road,

Gurgaon, Haryana.

                                                                                      …..Appellant

 

VERSUS

HDFC Bank Limited

(Earlier named as Centurion

Bank of Punjab Ltd.

 

Having its branch at:-

S-4, Green Park Ext.

Green Park,

New Delhi-110016.

 

Also at:-

Khandsa Road,

Near Sector-10A,

Gurgaon, Haryana

Through its Manager

Principal Officer

                                                                                   …….Respondent

 

CORAM

 

(Justice Veena Birbal, President)

Salma Noor, Member

N P Kaushik, Member (Judicial)

 

1. Whether reporters of local newspaper be allowed to see the judgment?

2. To be referred to the reporter or not?

 

Salma Noor, Member

 

1)           In a complaint case bearing no. 572/12, , filed before District Forum- II, Qutub Institutional Area, New Delhi the Complainant absented himself on 13.03.2014, the date fixed for hearing, and the Forum dismissed the complaint in complainant’s default.

2)           That is what brings the Complainant/ Appellant in appeal before this Commission.

3)       We have heard Ms. Shipra Shukla, Counsel for the Appellant as there is no need to hear the Respondent in this appeal at the admission stage.

4)          The version of the Complainant/appellant for his non appearance before the Forum on 13.03.2014 is that, the advocate of the petitioner was not in Delhi due to her own marriage ceremony. Therefore, the advocate requested her colleague Mr. Ishwar Upneja, Advocate to appear before the District Forum on her behalf. Unfortunately, the colleague of the advocate got seriously ill due to typhoid and therefore could not attend the court on that day. In support of her submission the appellant has filed an affidavit of Ms. Shilpa Shukla, Advocate. There is no plausible reason not to rely and not to Act upon this version of the appellant. It has never been the policy of the law to stifle the contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that parities may have an opportunity to present their case before the Forum, and the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dt. 13.03.2014 in question, and remand the case back to District Forum- II, Qutub Institutional Area, New Delhi with a direction to restore the complaint on its original number, and to further proceed in the case according to law, the Appellant Complainant is directed to appear before the District Forum- II, Qutub Institutional Area, Delhi on 18.09.2014.  

5)              A copy of this order be sent to District Forum- II, Qutub Institutional Area, New Delhi to keep it on complaint file and for compliance.