BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: AT HYDERABAD.

FA.No.1131/2008 against CC.No.115/2007 District Consumer Forum, Ranga Reddy District.

Between:

Md.Faqruddin,

S/o.Ghaisuddin, Aged about 43 years,

Occ: Business, R/o.Opp.SBH, Vikarabad,

Ranga Reddy District.

…Appellant/Complainant.

And

The State Bank of Hyderabad,

Rep. by its Branch Manager,

Vikarabad Branch, R.R.District.

…Respondent/Opp.Party.

Counsel for the Appellant          :  Mr.N.Srinivasa Rao.

Counsel for the Respondent      :  Mr.K.Yadagiri Reddy.

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

AND

SRI R.LAKSHMI NARASIMHA RAO, HON’BLE MEMBER.

FRIDAY, THE TWENTY FIFTH DAY OF JUNE,

TWO THOUSAND TEN.

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

*******

1.         This is an appeal preferred by the unsuccessful complainant against the order of dismissal of his complaint on the ground of default. 

2.         The complainant by filing the appeal asserts that on the date when the matter was posted, he could not file his affidavit.  He relies on a decision of National Commission reported in 2008 (2) CPR 256 (NC), wherein it was observed that the District Forum ought not to have dismissed the complaint for non-filing of the affidavit evidence.  At any rate, the complainant could not give any reason for his absence.  Considering the fact that it was dismissed for default we are of the opinion that an opportunity be given on payment of costs of Rs.500/-.  Costs paid. 

3.         In the result, the appeal is allowed and the order of the District Forum is set aside.  The matter is remanded to the District Forum.  Both parties are directed to appear before the District Forum on 20.07.2010 without insisting for fresh notice.  The District Forum is directed to restore the matter to its original file and give opportunity to both parties and dispose of the matter as per law.     

PRESIDENT

MEMBER

Dt.25.06.2010.

Vvr.