NCDRC

NCDRC

RP/46/2013

HDFC BANK LTD. - Complainant(s)

Versus

MUSTAFA - Opp.Party(s)

MR. RISHAB RAJ JAIN

17 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 46 OF 2013
 
(Against the Order dated 19/07/2012 in Appeal No. 2/2012 of the State Commission Kerala)
1. HDFC BANK LTD.
Having Registerd office at HDFC bank, House ,Senapti Bapat Mark, Lower Parel (West)
Mumbai - 400013
MAHARASTRA
...........Petitioner(s)
Versus 
1. MUSTAFA
Kulangara Kudlu P.O
KASARAGOD
KERALA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Shri Rishab Raj Jain, Adv.
Shri Sharique Hussain, Adv.
For the Respondent :
Shri P. Sureshan, Adv.

Dated : 17 Jul 2014
ORDER

Learned Counsel for the Petitioner does not press IA No. 70 of 2013 as the matter is to be remanded back.  In such circumstances, IA No. 70 of 2013 is dismissed as not pressed.

          Heard Learned Counsel for the parties.

          During the course of arguments, Learned Counsel for the Petitioner submitted that Respondent availed loan of Rs. 2.50 lakhs and Rs. 50,000/- whereas Learned Counsel for the Respondent submitted that Respondent availed loan of Rs. 2.00 lakhs and another loan of Rs. 50,000/-.  As there is controversy between the amount of loan and Petitioner has not placed on record the statement of accounts, Learned Counsel for the Respondent submitted that matter may be remanded back to District Forum with liberty to the Petitioner to place on record the statement of accounts and Learned District Forum to decide after considering the statement of accounts and  deposits receipts made by the Respondents.

                                      

          Consequently, Revision Petition filed by the Petitioner is allowed and impugned order dated 19.7.2012 passed by Learned State Commission in Appeal No. 2/2012- HDFC Bank  VS. Mustafa and order of District Forum dated 27.10.2011 passed in CC No. 139 of 2010- Mustafa  Vs. HDFC Bank Ltd. , are set aside and matter is remanded back to the District Forum to decide it afresh after giving an opportunity of being heard to both the parties and after considering the statement of accounts, deposit receipt and other related documents, etc. filed by the parties.

          Parties are at liberty to produce necessary documents before District Forum for better appreciation of facts.

          Parties are directed to appear before the District Forum on 15.9.2014.

 

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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