Haryana

StateCommission

RP/98/2019

CANARA BANK AND OTHERS - Complainant(s)

Versus

HEMLATA - Opp.Party(s)

NITIN GROVER

10 Dec 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

  Revision Petition No.98 of 2019

 Date of Institution:03.12.2019

  Date of Decision:09.12.2019

 

Canara Bank, Hasanpur, Sub-Tehsil Hassanpur, Tehsil Hodal, District Palwal through its Branch Manager/Authorized Signatory.

…..Revisionist.

Versus

1.      Hemlata widow of Shri Suresh, R/o House No.107, near Ramleela Maidan, Ward No.6, Hasanpur, Sub-Tehsil Hasanpur, Tehsil Hodal, District Palwal.

2.      Canara HSBC Oriental Bank of Commerce Life Insurance Company Ltd., Branch Office at 2^nd Floor, Orchid Business Park, Sector-48, Sohna Road, Gurugram 122018 through its Branch Manager.

…Respondents.

CORAM:               Shri Harnam Singh Thakur, Judicial Member.

                   Mrs. Manjula, Member.

 

Present:-    Shri Nitin Grover, counsel for the revisionist.

                                                           ORDER

Mrs. MANJULA, MEMBER:

1.                Present revision petition has been filed by the revisionist against the impugned order dated 14.10.2019 passed by learned District Consumer Disputes Redressal Forum, Palwal (in short ‘learned District Forum’), vide which the present revisionist, who was opposite party No.2 before learned District Forum, was proceeded against ex-parte.

2.                Feeling aggrieved therefrom, revisionist-opposite party No.2 has preferred the present revision petition.

3.               The arguments have been advanced by Shri Nitin Grover, learned counsel for the revisionist. With his kind assistance the entire records of the revision petition has been properly perused and examined.

4.                Learned counsel for the revisionist vehemently argued that the revisionist-opposite party No.2 received the summons issued by learned District Forum and the same was sent to higher authorities/Legal Department at Karnal to seek instructions and for assigning the matter to the empanelled lawyer. It has further argued that on 14.10.2019, concerned official of revisionist/Bank had appeared before learned District Forum, but by that time learned District Forum had passed the order of ex-parte against the present revisionist. It has further argued that non appearance of the present revisionist before learned District Forum was neither intentional nor willful, so the impugned order dated 14.10.2019 may be set-aside and  an opportunity may be given to the present revisionist for filing its written statement, lead its evidence and advancing final arguments on merits.

5.                From the perusal of record, it is clear that the present revisionist- opposite party No.2 was proceeded against ex-parte by the learned District Forum, Palwal vide order dated 14.10.2019. However, it is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present revisionist should be afforded an opportunity of representing itself before learned District Forum. Under these circumstances, impugned order dated 14.10.2019 passed by learned District Forum, Palwal is set-aside for all intents and purposes, present revision petition stands allowed subject to depositing of Rs.5,000/- as of costs to be paid by the present revisionist before learned District Forum, Palwal. The matter is remitted back to the District Forum, Palwal to decide the complaint on merits after affording an opportunity to present revisionist to file its written statement and to lead its respective evidence. The revision petition be consigned to the record room.

6.                Parties are directed to appear before the District Forum, Palwal on 23.01.2020 for further proceedings. 

 

 

December 09^th, 2019             Manjula                                  Harnam Singh Thakur                                             Member                                  Judicial Member                                                       Addl. Bench                           Addl. Bench

R.K.