IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Decision: 15.12.2014

FA-1089/2004

Sh. Harvinder Singh Manchanda

S/o Sh. Gurcharan Singh Manchanda

R/o T-159/D, Gali No.10

Shukar Bazar, Uttam Nagar,

New Delhi-110059

                                                                                         ….Appellant

VERSUS

ICICI Bank

Having its Registered office at

E-Block, Videocon Tower,

Jhandewalan Extension

New Delhi-110055

                                                                                     ….Respondent

CORAM

SALMA NOOR, MEMBER

N P Kaushik (Member Judicial)

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

2.  To be referred to the reporter or not?-Yes

SALMA NOOR (MEMBER)

1. The appellant has preferred this appeal against the impugned order dated 1.10.2014 passed by the Ld. District Forum (Central), Kashmere Gate in Complaint Case No. 205/12.The District Forum vide impugned order has dismissed the complaint in complainants’ default and for non appearance.

2. We have heard Sh. Pawan Kr. Rai, Counsel for the appellant & Ms. Sujata Piplani, Counsel for the Respondent on the appeal and perused the records.

3. The version of the appellant for the non appearance before the District Forum on the date fixed is that the pleadings in the case was completed and the case was listed for the final hearing on the said date and the complainant was under impression that even in his absence, the case will be heard on the merits and the order will be reserved.His further submission is that he was regularly appearing before the District Forum and that was the only one date on which he could not appear before the District Forum and the case was dismissed for his non appearance.

4. Ld. Counsel for the respondent also submits that she has also no objection if the case is remand back and be decided on merits.

5. In view of the above submissions, we allow the appeal and set aside the order dated 1.10.2014 and remand back the case to the District Forum for deciding afresh after giving opportunity to the appellant to contest the case.The parties shall appear there on 6.2.2015.The District Forum shall proceed further in the matter in accordance with law.

6. Appeal stand disposed of accordingly.

7. Since the matter has been remanded back to the District Forum, the FDR, if any, deposited by the appellant/OP before this Commission be released to them after completion of due formalities.

8. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.