NCDRC

NCDRC

RP/685/2014

VINOD KUMAR KEDIA - Complainant(s)

Versus

ICICI BANK & 2 ORS. - Opp.Party(s)

MR. O.P. CHAUHAN

01 Sep 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 685 OF 2014
 
(Against the Order dated 06/01/2014 in Appeal No. 332/2013 of the State Commission Himachal Pradesh)
1. VINOD KUMAR KEDIA
S/O SH.CHHOG MAL, R/O KEDIA BHAWAN, CHAMBAGHAT, TEHSIL &
DISTRICT: SOLAN
H.P
...........Petitioner(s)
Versus 
1. ICICI BANK & 2 ORS.
THROUGH ITS BRANCH MANAGER, RETAIL ASST DIVISION FIRST FLOOR, MOON INTERNATIONAL COMPLEX, CHHOTA SHIMLA
SHIMLA
H.P
2. ICICI BANK LTD.
THROUGH ITS REGIONAL MANAGER,
CHANDIGARH
3. NEW INDIA ASSURANCE CO. LTD.
DIVISIONAL OFFICE, 3RD FLOOR, BLOCK-7, SDA COMPLEX,
SHIMLA
H.P.
4. THE NEW INDIA ASSURANCE CO LTD
DIVISIONAL OFFICE, 3RD FLOOR, BLOCK-7, SDA COMPLEX,
SHIMLA
H.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. O.P. CHAUHAN
For the Respondent :
Mr. Isha Abrol, Advocate for R-1 & 2
Mr. R. B. Shami, Advocate for R-3

Dated : 01 Sep 2014
ORDER

This Revision Petition by the Complainant calls in question the correctness of order dated 06.01.2014 passed by the Himachal Pradesh State Consumer Disputes Redressal Commission at Shimla (for short “the State Commission”) in First Appeal No.332 of 2013.  By the impugned order, the State Commission has dismissed the Appeal in default as Counsel for the Petitioner could not appear on the date of hearing.

               Mr. O. P. Chauhan, learned Counsel appearing for the Petitioner submits that though the Complaint was filed on 14.11.2013, after service of notice on Respondents for 27.12.2013; the first effective date of hearing was 06.01.2014 when the Appeal was dismissed in default.  Learned Counsel states at the Bar that he was late by half an hour in reaching the Commission but by the time he reached the Appeal had already been dismissed.

 

-3-

               Having heard Learned Counsel for the Parties and bearing in mind the fact that the Appeal was filed only on 14.11.2013, we are of the opinion that the interest of justice would be sub served if the Petitioner is granted an opportunity of hearing on the merits of the Appeal.

               Accordingly, we allow the Revision Petition, set aside the impugned order and restore the said Appeal to the Board of the State Commission for disposal on merits, after due opportunity of hearing to both the parties.  Revision Petition stands disposed of with no order as to costs.

               Parties are directed to appear before the State Commission on 07.10.2014 for further proceedings.

 
......................J
D.K. JAIN
PRESIDENT
......................
VINAY KUMAR
MEMBER

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