Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member This appeal takes an exception to the order dated 10/12/2007 passed in consumer complaint No.475/2006 M/s.PNJ Polyknits Pvt. Ltd. V/s. The Manager, HDFC Bank Ltd., passed by District Consumer Forum, South Mumbai. We heard Mr.Bhavik Manek, Advocate instructed by Mr.Wadia Ghandy & Co. for the appellant and Mr.Ankush Bansal, Advocate for the respondent. Perused the material placed on record as well as the original Record & Proceeding which is called here from the District Consumer Forum, South Mumbai for the purpose of hearing of this appeal. In the instant case, there was delay in filing consumer complaint and therefore, there was an application for condonation of delay. Same stood allowed on 07/09/2006. The order and proceeding recorded on that date in the Order-sheet before the Forum below reads as under :- “Complainant in person present. His Advocate Mr.Ankush Bansal present. Advocate Shri Perineet Javalkar, for O.P./Bank present. O.P.’s affidavit in reply to condonation of delay is on record. Forum has heard both the Advocates on condonation of delay. Finally, Advocate for O.P./Bank submitted that he has objection for condoning the delay on cost. Advocate Bansal for complainant humbly pray for minimizing cost. Taking in to consideration this, Forum heard both the parties and in the interest of justice to the complainant, hereby passed the order condoning the delay on the cost of `500/-. The matter is now adjourned for written statement as well as affidavit of evidence of O.P. and affidavit of evidence of complainant along with documents he wants to rely upon. Adjourned to 27/11/2006.” From the above referred order-sheet, it could be seen that after the delay condonation without following any procedure as required under Section 13(2) of the Consumer Protection Act,1986 (hereinafter referred as ‘the Act’) that is precisely without admitting the complaint, Forum below proceeded further. It is now complained that thereafter, O.P. willfully remained absent and failed to file any written version and as such complaint was decided in absence of O.P. Learned Counsel appearing for the appellant had taken strong exception stating that there is no admission and no notice sine-qua-non for proceeding further to settle the dispute was served upon them and as such, absence of O.P. at the time of settlement of dispute cannot be viewed with seriousness. Whatever, it may be, but the fact remains that Forum below without following due and necessary procedure as spelled out in Section 13(2) and without admitting the complaint, proceeded further to settle the dispute. This lapse on the part of the Forum below cannot be overlooked. Learned Counsel appearing for the respondent tried to submit that for the fault of Forum below why party to the consumer complaint should suffer. Learned Counsel for the respondent further branding non-compliance of statutory requirements of Section 13(2), which is sine-qua-non to assume jurisdiction to settle the dispute, as a procedural omission and further submitted that such lapse should be ignored. In view of the objection of the other side, supra, we are unable to agree with it. In the instant case, it is not only wrongly assuming jurisdiction to proceed further without admitting the complaint, but other aspects, infra, also assumes importance. In the given circumstances, it is HDFC Bank which is a service provider and the consumer complaint is not filed against said institution, but filed against the Manager i.e. one of the officials of said institution. He is, admittedly, not a service provider. Since we find it just and proper to remit back the complaint, complainant is to take care of it, if find it proper to do so. For the reasons stated above, we find this is a fit case to set aside the impugned order and remit back the matter. Hence, we pass the following order :- -: ORDER :- 1. Appeal is allowed. The impugned order dated 10/12/2007 is quashed and set aside. 2. Matter is remitted back to the Forum below in the light of observations made in the body of the order. 3. Forum below shall give an opportunity to both the parties to amend the pleadings, if they so desire. Correct the description or substitute or add the party, if they so desire, but subject to provisions of law (the point if arises to be settled by the Forum below after hearing the parties); hear the parties on admission and if admitted, after giving an opportunity to the O.P. to file its written version and duly following the procedure as per Section 13(4) of the Act, settle the dispute. 4. Hearing of the consumer complaint be expedited and as far as possible be completed within period of four months from the date of appearance. 5. Both the parties shall appear in the Forum below on 22/11/2010. 6. Appeal stands disposed of accordingly. 7. Record & Proceeding be sent back to the Forum below. 8. Copies of the order be furnished to the parties. | 
