NCDRC

NCDRC

RP/1914/2013

STATE BANK OF INDIA - Complainant(s)

Versus

KHALIQ KHAN - Opp.Party(s)

MR. UTTAM CHAND MITTAL & MR. ANKUR MITTAL

20 Aug 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1914 OF 2013
 
(Against the Order dated 30/11/2012 in Appeal No. 1496/1996 of the State Commission Uttar Pradesh)
1. STATE BANK OF INDIA
HAVING ITS CENTRAL OFFICE AT NARIMAN POINT MUMBAI, & AMNONGEST OTHER A B.O AT BANDA,
BANDA
U.P
...........Petitioner(s)
Versus 
1. KHALIQ KHAN
S/O SH RAHMAT KHAN, R/O GOOLARNAKA BEHIND, BTC NORMAL SCHOOL BANDA,
BANDA
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER

For the Petitioner :
Mr. U.C. Mittal, Advocate
For the Respondent :
Respondent in person

Dated : 20 Aug 2014
ORDER

Respondent states that he has not received the sum of Rs.5,000/-being travelling and allied expenses so far. Learned counsel for petitioner has handed over a sum of Rs.5,000/- in cash to the respondent today.

 

-2-

          Heard.

          Present revision petition has been filed against the impugned order dated 30.11.2012 passed by the State Commission, vide which the appeal of the petitioner was dismissed in default of prosecution by the petitioner, which read as under;

          “30.11.2012

      Cause list has been recalled. None is present on behalf of appellant ever after the due information and uploading of cause list on  internet. Sh. Khaliq Khan, Advocate is present on behalf of respondent. It appears that appellant is not interested in pursuing this appeal. Thus, appeal is dismissed in default of prosecution by  the appellant.”

          It transpires from the record,  that appeal filed by the petitioner came up for hearing before the State Commission for the first time on 2.5.1997.  Thereafter, the appeal remained lying undated before the State Commission. In year 2010, it was ordered to be listed for hearing.

          There is nothing on record to show that any notice was issued to either of the parties for appearance and they were duly served. Be that as it may, as per impugned order the cause list was recalled. No reason has been  given  as  to  why  cause  list was recalled by the State Commission.

 

-3-

Admittedly, no information was given to the petitioner with regard to the revision of  the cause list.

          Under these circumstances, there are sufficient grounds for allowing the present petition, since petitioner had no notice for appearance for 13.11.2012 before the State Commission.  Accordingly, the impugned order is set aside. The matter is remanded back to the State Commission to decide the same afresh, in accordance with provisions of law after hearing both  parties.

          Parties are directed to appear before the State Commission on 7.10.2014.

          With these observations, the revision stand disposed of.

          Dasti to both parties.

 
......................J
V.B. GUPTA
PRESIDING MEMBER

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