Delhi

StateCommission

RP/67/2016

HDFC BANK LTD. - Complainant(s)

Versus

MALA SINGH & ANR - Opp.Party(s)

JATIN AHUJA

28 Jul 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :28.07.2016

Revision Petition No. 67/2016

(Arising out of the order dated 9.12.15 passed in Complaint Case No.496/14 passed by the District Consumer Dispute Redressal Forum-VII, Sheikh Sarai, New Delhi.)

In the matter of

HDFC BANK LIMITED

Having Registered office at

HDFC Bank House, Senapati Bapat

Marg, Lower Parel (West), Mumbai

400013 and having its branch at First

Floor, Pankaj Plaza, Plot No. 7, Pocket-4

Sector-11, Dwarka, New Delhi-110075

Through Authorised Officer

……Petitioner

 

Versus

 

1. Mrs. MALA SINGH

W/o Shri Vijay Singh

Resident of House No.440

Pocket-3, Sector-19

Dwarka

New Delhi-110075

 

2. HDFC Standard Life Insurance

Company Limited

Aggarwal Centre Plaza

Plot No.11, Second Floor

Sector-5

Dwarka, New Delhi-110075.

…Respondents

 

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

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

2.         To be referred to the reporter or not?

 

 

Justice Veena Birbal, President

1.             This is a revision petition wherein prayer is made for setting aside the order dated 9.12.15 passed in CC No.496/14 by the Consumer Disputes Redressal Forum -VII, Sheikh Sarai (in short, the District Forum’) whereby the petitioner herein i.e. OP-1 before the District Forum has been proceeded ex-parte.
2.             Ld. Counsel for the petitioner/OP-1 states that there is no service on the petitioner/OP-1 before the Ld. District Forum in respect of aforesaid complaint case. There is an order of ‘dasti’ notice but no notice was received by the petitioner/OP-1 due to which no appearance was made. It is stated that there is incomplete address of the petitioner/OP-1 in the memo of parties in the complaint case.
3.             We have seen the address of the petitioner/OP-1 in the memo of parties of the complaint case and the address of Petitioner/OP-1 which is given in the memo of parties in present Revision Petition, we find some confusion in the address.
4.             Respondent No.1/complainant is present in person who states that she has also no objection if the order dated 9.12.15 is set aside and petitioner/OP-1  be allowed to contest the case subject to payment of costs.
5.             In view of the reasoning given for non appearance as well as no objection having been given on behalf of the respondent No.1/complainant, we allow the present revision petition and set aside the order dated 9.12.15 by which petitioner/OP-1 was proceeded ex-parte subject to payment of costs of Rs.5,000/- to respondent No. 1/complainant.
6.             The next date before the District Forum is on 03.08.2016.
7.             On the said date, the parties shall appear before the District Forum. The petitioner/OP-1 shall pay the costs of Rs.5,000/- to the respondent No.1/complainant and a copy of the complaint shall also be supplied to him. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
8.             A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum – VII, Sheikh Sarai, New Delhi.     File be consigned to Record Room.

 

 (Justice Veena Birbal)

President

                                                              

(Salma Noor)

Member