Maharashtra

StateCommission

RP/12/54

UNION BANK OF INDIA - Complainant(s)

Versus

MR PRADEEP KUMAR THAMPI - Opp.Party(s)

N N AMIN

12 Jun 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Revision Petition No. RP/12/54
(Arisen out of Order Dated 07/02/2012 in Case No. 321/2011 of District DCF, South Mumbai)
 
1. UNION BANK OF INDIA
CREDIT CARD DIVISION TRANSACTION BANKING DEPARTMENT 11TH FLOOR UNION BANK BHAVAN 239 VIDHAN BHAVAN MARG NARIMAN POINT MUMBAI - 400021
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. MR PRADEEP KUMAR THAMPI
C/O EXECUTIVE AIRWAYS PVT LTD MALKIN CHAMBER OFF NEHRU ROAD NEAR DOMESTIC AIRPORT VILE PARLE EAST MUMBAI 400099
MUMBAI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:Ms.Sumedha Sawant, Advocate for the Petitioner.
 
Mr.Jehangir Gai A/R for the Respondent.
 
ORDER

Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

 

     The Revision Petition is directed against the order passed by the South Mumbai District Consumer Disputes Redressal Forum in Consumer Complaint No.321/2011 dated 7th February, 2012, whereby in the said order on being satisfied that the Opponent was duly served with the notice sent by the Forum and on finding that on that day the Opponent had neither attended the Forum nor filed written version in spite of notice issued to them, the Forum was pleased to proceed ex-parte against them and matter was adjourned to 04.04.2012 for further proceeding.  It is against this order that this Revision Petition has been filed.

 

     We are finding that the impugned order passed by the District Forum is perfectly legal and correct.   This was the only course open to the District Forum to proceed ex-parte on finding that Opponent though served had not come to contest the matter.  The jurisdiction of this Commission is very limited.  We have to simply examine whether the lower Court has exercised its jurisdiction vested in it or in passing order there is any material irregularity or there was impropriety of any kind involved in passing the order.  We do not find any such irregularly or impropriety in passing the order and thus, the impugned order passed by the District Forum is perfectly correct and we find no substance in the Revision petition,.  As such we  pass the following order:

O  R  D  E  R

 

    (i)            Revision Petition is summarily rejected. 

  (ii)            No order as to costs.

(iii)            Inform the parties accordingly. 

 

Pronounced on 12th June, 2012.

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mr. Narendra Kawde]
MEMBER

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