Punjab

StateCommission

RP/25/2022

Punjab National Bank - Complainant(s)

Versus

Kulwinder Singh and another - Opp.Party(s)

R.S. Bhatia

24 Feb 2023

ORDER

FIRST ADDITIONAL BENCH

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

M.A. No.456 of  2022

In/and

Revision Petition No.25 of 2022

Date of institution   :  28.03.2022 

Date of Decision     :  24.02.2023

 

Punjab National Bank earlier Oriental bank of Commerce, Branch SCO 13-14, Phase-6, Mohali through its Manager.  . 

….Revisionist/Opposite Party

Versus

1. Kulwinderr Singh, S/o Late Charanjit Singh, R/o K. No.86, Phase-6, Mohali. 
2. Jaswinder Singh, S/o Late Charanjit Singh, R/o K. No.513, Phase-6, Mohali. 
3. Subhadra Devi, W/o Late Charanjit Singh, R/o K. No.513, Phase-6, Mohali. 

…..Respondents/complainants

Revision Petition against the order dated 02.02.2021 of the District Consumer Disputes Redressal Commission, Mohali. 

Quorum:-

                    Mr. H.P.S. Mahal, Presiding Judicial Member

                   Ms. Kiran Sibal, Member    

Present:-

         For the revisionist        :         Sh. H.S. Bhatia, Advocate

          For respondents           :         Sh. Kulwinder Singh, Advocate

 

H.P.S. MAHAL, PRESIDING JUDICIAL MEMBER:-

          The present Revision Petition has been filed by the revisionists/OPs challenging the order dated 02.02.2021 passed by the District Consumer Disputes Redressal Commission, Mohali, (in short “District Commission”) whereby the revisionist was proceeded against ex parte. 

2.                Heard.

3.                Learned counsel for the revisionist states that the present revision petition was filed by revisionist with delay of 330 days, which was condoned.  He further states that revisionist received notice for appearing on 02.02.2021 before District Commission. The representatives of the revisionist namely Ms. Jaspreet Kaur-Senior Manager & Harpreet Kaur-Assistant Manager, appeared in District Commission at that time and they wanted to call the counsel.  However, District Commission did not mark the presence of the representatives of the revisionist and revisionist was proceeded against ex parte.  Thereafter, revisionist filed application for recalling the said ex parte order, which was not entertained by the District Commission. 

4.      We have heard learned counsel for revisionist and gone through the record of the case.  The law is very clear on this point that endeavour should be put in, by the Court to hear the parties on merits of the case, instead of continuing the ex parte proceedings. As such this Revision Petition is allowed and the impugned order dated 02.02.2021 is set aside, subject to cost of Rs.5,000/- to be deposited in the Consumer Legal Aid Fund of concerned District Commission.  The case is remanded back to District Commission, Mohali, and the parties are directed to appear before the District Commission on 31.03.2023 with the direction to revisionists to file written reply, on or before 31.03.2023.  The deposit of the cost of Rs.5,000/-, as stated above, will be condition precedent, failing which Revision Petition would be deemed to be dismissed. 

5.                Pending applications, if any, are disposed of.  

6.                Registry is directed to immediately send the certified copy of the order to the District Commission.

 

 

                                                                  (H.P.S. MAHAL)

                                                  PRESIDING JUDICIAL MEMBER

 

 

     (KIRAN SIBAL)

                                                                  MEMBER

 

February 24, 2022                                                

DB