FA. No.213/2012  against CC.No.643/2007 District Consumer Forum-III, Hyderabad.

Between

TN Sudhakar, S/o.Narayana Pillai,

Aged about 53 years, Indian, Occ. Private Service,

R/o.12-11-1425, Boundhanagar, Warasiguda,

Secunderabad.

Presently residing at

Shanthi Gardens,

Flat No.210, E Block, V, Raghavendranagar Colony,

Nacharam,Hyderabad – 500 076.

…Appellant / Complainant.

And

M/s. Industrial Development Bank of India Ltd.

Loan Centre 106, 1^st Floor Mahaveer House,

Basheerbagh Square, Hyderabad – 500 029

Rep. by its Branch Manager.

…Respondent/Opp.Party.

Counsel for the Appellant                :  Mr.V.Gourisankara Rao.

Counsel for the Respondent            :  Respondent served. 

QUORUM: THE HON’BLE JUSTICE SRI D.APPA RAO, PRESIDENT,

AND

SMT.M.SHREESHA, HON’BLE MEMBER.

TUESDAY, THE THIRTEENTH DAY OF MARCH,

TWO THOUSAND TWELVE.

Oral Order (Per Hon’ble Justice Sri D.Appa Rao, President)

*******

This is an appeal preferred by the complainant against the order of dismissal of his complaint on the ground that the complainant was absent on the date of hearing. 

It is an undisputed fact that on an appeal preferred by the opposite party in FA.No.82/2008, this Commission while remanding the matter by an order dated 15.07.2010 directed the District Forum to issue notice to both sides by fixing the date of hearing and dispose off the case within two months from the date of receipt of the order.  Evidently, the District Forum did not issue any notice either to the complainant/appellant herein or to the opposite party/respondent herein.  It is not known why the District Forum did not issue notice recoursing to the order of this Commission.  This is irregular.  Necessarily, the order is liable to be set aside. 

In the result, the appeal is allowed.  Consequently, the order of the District Forum is set aside.  The District Forum is directed to restore the complaint to its original file.  The District Forum is directed to issue notice to the opposite party under proper acknowledgement and proceed in the matter as per law.  The complainant is directed to appear before the District Forum without insisting for fresh notice on 30.03.2012.  No costs.                  

                                                          ___________________________

                                                               (PRESIDENT)           

                                                            __________________________

                                                                                               (MEMBER)

                                                           Dt:13.03.2012.

Vvr.