Kerala

StateCommission

A/14/571

the manager, union bank of india - Complainant(s)

Versus

jayayesodharan - Opp.Party(s)

jagadish kumar

30 May 2015

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO. 571/14

JUDGMENT DATED:30.05.2015

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

SHRI.V.V. JOSE                                                          : MEMBER

1. The Manager,

Union Bank of India,                                             

Credit Card Division,                                            

708 – Mercantile House, Magazine Street,

Dharukhana, Reay road, Mumbai-400 010.

: APPELLANTS

2. The Manager,

Union Bank of India,

Kottiyam Branch, Kollam.

 

(By Adv: Sri.R. Jagadish Kumar)

 

            Vs.

Jaya Yeshodharan,

Amritha, Madan Nada,                                                       : RESPONDENT

Thekkevila.P.O, Kollam.

 

(By Adv: Sri. R. Narayan)

 

JUDGMENT

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

This is an appeal filed by the opposite parties in CC.94/13 on the file of Consumer Disputes Redressal Forum, Kollam challenging the order of the Forum dated, September 29, 2014.

2.      Complainant filed the complaint before the Forum alleging deficiency of service on the part of the opposite parties, Union of India claiming refund of the amount fraudulently debited from the account and also claiming compensation.

3.      Appellants/opposite parties are Union of India represented by its Managers.  They remained absent before the Forum.  Therefore Forum accepted the evidence of the complainant and marked Exts.P1 to P15 and allowed the complaint.  Opposite parties have now come up in appeal challenging the said order of the Forum.

4.      Heard both the counsels.  Taking into account the nature of the contentions raised by the parties we feel that an opportunity should be given to the opposite parties to contest the matter on merits.  Therefore on 28.04.2015 we have ordered that appeal will be allowed on payment of cost of Rs.2000/- to the complainant.  Today counsel for the appellant filed memo to the effect that cost has been paid.  Therefore appeal is allowed.  The impugned order of the Forum allowing the complaint is set aside and the matter is remanded to the Forum for fresh disposal in accordance with law.  Both parties shall appear before the Forum on 30.06.2015.

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

VL.

V.V. JOSE : MEMBER