IN THE STATE COMMISSION: DELHI

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

           Date of decision: 03.12.2014

First Appeal- 1034/2014

Axis Bank Ltd.

5^th Floor, Ashoka Estate,

New Delhi-110001

Through Its Principal Officer/Branch Head

Sector-51, Noida (U.P)

                                                                                    ....Appellant

VERSUS

Medha Srivastava

S-29, Sector-7

Jasola Vihar

New Delhi-110025                                                       …….Respondent

CORAM

Salma Noor, Member

(N P Kaushik, Member (Judicial)

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

2. To be referred to the reporter or not?

Salma Noor, Member

1)           In a complaint case bearing no. 186/14 Axis Bank Vs Medha Srivastava, filed before District Forum-VI, M-Block, ITO, New Delhi. On 25.09.2014 was fixed for appearance of the OP, when the OP did not appear and the District Forum ordered to proceed ex-parte.

2)        That is what brings the appellant/OP in appeal before this Commission for setting aside the said ex-parte order.

3)             We have heard counsel for the appellant in this appeal at the admission stage itself.

4)         The version of the appellant/ OP for his non appearance on 25.09.2014 before the District Forum is that due to bonafide mistake the employee of the appellant/OP Axis Bank failed to appear before the District Forum and the case proceeded ex-parte. To support his version an affidavit is filed by the appellant. There is no plausible reason to disbelieve or not to rely and act upon this version of the appellant. Besides, it has always been the consistent policy of the courts to allow a little latitude, so that the parties may contest the case on merits, and an effective order may be passed. Hence, order dt. 25.09.2014 passed by the District Forum against the appellant/ OP is set aside, subject to payment of costs of Rs. 3000/- which the OP will pay to the complainant on the next date and remand back the case to the District Forum with a direction that they will allow the appellant/ OP to file the WS and evidence and decide the case after hearing both the parties. The appellant is directed to appear through his counsel, before the District Forum-VI, M-Block, ITO, New Delhi, on the date fixed in this case.

5)   Copy of this order be sent to District Forum-VI, M-Block, ITO, New Delhi for information and to keep it on record and compliance.