NCDRC

NCDRC

RP/1913/2012

VINOD KUMAR MALIK - Complainant(s)

Versus

HDFC BANK & ANR. - Opp.Party(s)

IN PERSON

05 Apr 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1913 OF 2012
 
(Against the Order dated 28/03/2012 in Appeal No. 736/2011 of the State Commission Delhi)
1. VINOD KUMAR MALIK
C-1179 LGF DDA Flats, East Loni Road
Delhi - 93
...........Petitioner(s)
Versus 
1. HDFC BANK & ANR.
1450 East jyoti Nagar, Main Loni Road,Shahdra
Delhi - 110093
2. Oriental Bank Of Commerce,
New Delhi,Regional Range Office, 4/65 Padam SIngh Road, Karol Bagh
New Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
: In person
For the Respondent :
Mr. Rishab Raj Jain, Advocate R-1
Mr. Balvinder Ralhan, Advocate-R-2

Dated : 05 Apr 2013
ORDER

PER JUSTICE J.M. MALIK

 

          Petitioner present.  Mr. Rishab Raj Jain, Advocate files his Vakalatnama on behalf of the respondent, which is taken on record.

          We have heard the revisionist, Sh. Vinod Kumar Malik.  The impugned order dated 28.03.2012 runs as follows:-

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28.03.2012

          Present:  Appellant in person.

          FA-2011/736

 

          Heard.  During the course of hearing, the appellant submitted that he does not press this appeal.  It is therefore dismissed as withdrawn.

          A copy of this order be supplied to the parties free of costs and a copy be sent to the concerned District Forum, thereafter the file be consigned to Record Room.

                                                                     

Sd/-

                                                            (Justice Barkat Ali Zaidi)

                                                                                          President

 

                                                                                          Sd/-

                                                                                (Salma Noor)

                                                                                          Member”

 

            The complainant/petitioner vehemently argued that he never made a statement before the State Commission.  This order was recorded by the Commission of its own accord.  He further submits that he was never told that such order is going to be passed. 

We see no merit in his arguments.  Revision petition was filed on 11.05.2012.  There is no inkling on the record that the petitioner had

 

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lodged protest before the State Commission.  He even did not take a trouble to file application that he did not make such statement.  He should have filed the application before the State Commission immediately.  It would have created evidence in his favour.  Thereafter, he remained silent for about 1½ months.  He could have lodged the report immediately before the President of this Commission on the same day.  In absence of all this evidence, we find no force in the revision petition and dismiss the same. 

          Copy of the order be given Dasti to the Counsel as prayed.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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