West Bengal

Kolkata-I(North)

CC/44/2005

Mr. Swapan Dey Chowdhury - Complainant(s)

Versus

ICICI Bank Ltd., Credit Card Division and another - Opp.Party(s)

11 Aug 2008

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/44/2005
( Date of Filing : 03 Feb 2005 )
 
1. Mr. Swapan Dey Chowdhury
4, India Exchange Place, Kolkata - 700001.
...........Complainant(s)
Versus
1. ICICI Bank Ltd., Credit Card Division and another
3A, Gurusaday Road, 3rd Floor, P.S. - Koreya, Kolkata - 700019.
2. The Regional Manager (Credit Cards)
ICICI Bank Ltd., Credit Card Division, 3A, Gurusaday Road, 3rd Floor, P.S. - Koreya, Kolkata - 700019.
............Opp.Party(s)
 
BEFORE: 
 
PRESENT:
 
Dated : 11 Aug 2008
Final Order / Judgement

            The application of o.ps. dt.27.9.06 is put up for order.

            In this application petitioner has prayed for review and / or recall and / or modify the order no.12 dt.8.9.06 on the ground President did not sign the order and thereby order is non est and for ends of justice forum should have allowed an opportunity to the petitioner to swear an affidavit in support of their contentions.

            It is submitted by ld. Counsel for the petitioner that this forum has power to recall its own order. He cited decision reported in 1996 S.C. 2592, AIR Allahbad 275 Full Bench in support of his contention. He also referred decision reported in III (2002) CPJ 402 (N.C) to substantiate he grounds taken in the application.

            It is appearing from the order ld. Members did not accept he contentions of o.p. as they did not affirm their submissions on oath. In that case ld. Members should have allowed an opportunity to swear an affidavit. Instead  they passed the final order.

            The President did not sign the order. In that case the order because non est in view of he decision reported in III (2002) CPJ 402 (N.C).

            The forum has inherent power to recall its own order in the disclosed facts and circumstances. Thereby application filed by o,.p. succeeds and it is allowed.

            The order no.12 dt.8.9.06 is recalled. The consumer complaint be put up on 12.8.08 for further order .]

            O.p. / petitioner is directed to serve notice in the meantime for appearance of complainant on the date fixed.

 

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