NCDRC

NCDRC

RP/1803/2012

HDFC BANK LTD. - Complainant(s)

Versus

RAJKUMAR LAXMINARAYAN KOGTA & ANR. - Opp.Party(s)

MR. SHASHIBHUSHAN P. ADGAONKAR

07 Mar 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1803 OF 2012
 
(Against the Order dated 07/02/2012 in Appeal No. 464/2011 of the State Commission Maharastra)
1. HDFC BANK LTD.
Through its Branch Manager, AT HDFC bank bank, S.P Chowk,
Jalgaon
Maharastra
...........Petitioner(s)
Versus 
1. RAJKUMAR LAXMINARAYAN KOGTA & ANR.
R/o 18A, Ramdas Colony, near soft Aid Computers
Jalgaon
Haryana
2. Nitin Shinde,
R/o 1401,1C Siddhchal ,Phase VI, Vasant Vihar
Thane (W)
Maharsstra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Shashibhushan P. Adgaonkar, Advocate
Alongwith Mr. A.D. Barde, Advocate
For the Respondent :
Mr. Vivek C. Solshe, Advocate

Dated : 07 Mar 2014
ORDER

This revision is directed against the order of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (hereinafter referred to as he State Commission. dated 7.2.2012 whereby the State Commission dismissed the application for condonation of delay as also the appeal filed by the petitioner against the ex-parte order of the District Forum, Jalgaon, Maharashtra. Learned counsel for the petitioner has assailed the impugned order stating that the State Commission has failed to appreciate that the petitioner was never served with the notice of the consumer complaint filed in the consumer forum and he was wrongly proceeded ex-parte. This plea is resisted by learned counsel for the respondents. In order to verify the correctness of the submission made on behalf of the petitioner we summoned the file of the Consumer Forum and perused it. As per the record of the District Forum we find that the learned District Forum has passed cryptic orders so far as recording of day-to-day proceedings is concerned. No separate proceedings have been recorded by the District Forum regarding proceeding ex-parte against the petitioner. However, on the record there is an application on behalf of the respondents with the prayer to proceed ex-parte. That application bears an endorsement, x-parte order passed against opposite parties No.1 & 2but it is not signed. Therefore, we find it difficult to accept it as an order. This aspect has not been considered by the State Commission. Therefore, we are unable to sustain the orders of the Fora below. Revision petition is allowed, orders of the State Commission as well as District Forum are set aside and the matter is remanded back to the District Forum concerned with the direction to take the written statement of the petitioner on record and decide the matter on merits within six months. We may note that the procedure followed by the District Forum in recording day-to-day proceedings is unacceptable. Therefore District Forum is directed that henceforth day-to-day proceedings of the matters should be correctly recorded and signed instead of passing cryptic orders on the applications. The amount deposited by the petitioner shall be retained as security till the disposal of the matter. Petitioner to file his written statement within four weeks. Parties to appear before the District Forum on 28.4.2014.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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