Chandigarh

StateCommission

RP/44/2015

Union Bank of India - Complainant(s)

Versus

Ram Lal Thakur - Opp.Party(s)

Karuna Kumari Dogra, Adv.

27 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Revision Petition No.	:	44 of 2015
Date of Institution	:	18.11.2015
Date of Decision	:	27.11.2015

 

 

Union Bank of India, Sector 32-C, Chandigarh through its Branch Manager.

……Petitioner.

Versus

Ram Lal Thakur son of Sh. Basti Ram Thakur R/o House No.1720/1, Sector 39-B, Chandigarh.

….Respondent.

Revision Petition under Section 17 of the Consumer Protection Act, 1986.

 

BEFORE:   SH. DEV RAJ, PRESIDING MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Ms. Karuna Kumari Dogra, Advocate for the Revision Petitioner.

Sh. Ram Lal Thakur, respondent in person.

 

 

PER DEV RAJ, PRESIDING MEMBER.

 

 

(ORAL)

 

            Service is complete.

2.         Sh. Ram Lal Thakur, respondent has put in appearance in person.

3.         This Revision Petition has been filed giving challenge to an order dated 09.10.2015 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short Forum) vide which, for non-appearance, the Revision Petitioner was ordered to be proceeded against exparte.

4.         Counsel for the Revision Petitioner states that the Revision Petitioner could not appear on the date fixed as the notice/summons got tagged with some another file and, as such, the Revision Petitioner was not aware about the next date of hearing in the complaint. She further states that on retrieving the notice, the status of the case was enquired through Counsel on 20.10.2015 on receiving copy of the impugned order and only then, the Revision Petitioner came to know about the next date of hearing.

5.         On the other hand, Sh. Ram Lal Thakur, respondent/complainant very fairly states that let the matter be heard by the Forum on merits and the order impugned can be set aside, subject to payment of appropriate cost by the Revision Petitioner. We appreciate the stand taken by the respondent/complainant.

6.         In view of above, we allow this Revision Petition. The order under challenge is set aside. The matter is remitted to the Forum for adjudication on merits. Order passed is subject to payment of cost of Rs.2,000/- by the Revision Petitioner to respondent/ complainant. Cost be paid on the next date of hearing before the Forum.

7.         The parties shall appear before the Forum on 07.12.2015.

8.         Certified copies of this order be sent to the parties, free of charge.

9.         Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

10.        File be consigned to the Record Room after completion.

Pronounced

November 27, 2015.

                       

Sd/-

(DEV RAJ)

PRESIDING MEMBER 

 

 

 

Sd/-

(PADMA PANDEY)

      MEMBER

 Ad