IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 27.05.2014
RP – 26/2014
| HDFC Bank Ltd, having its office at C-1/4, Yamuna Vihar, | .........Appellant |
VS
| - Shri Ramesh Babu
Residents of House No.289, Gali No.5, Khajani Nagar, Jodhpur, Delhi-94 - Union Bank of India
A-51, Main road, Golakpur, | |
CORAM
SALMA NOOR, MEMBER
N P KAUSHIK, MEMBER (JUDICIAL)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
N P Kaushik, Member (Judicial)
1. This Revision filed by the appellant is treated as appeal.
2. In a complaint case bearing No. 90/2013 titled as Ramesh Babu vs. HDFC Bank pending before District Consumer Disputes Redressal Forum (North East), Nand Nagari, Delhi defence of opposite party No.1 (in short OP) struck off.
3. In the present appeal before this Commission, OP/Appellant has prayed for setting aside the orders dated 1.7.2013 passed by the District Forum.
4. We have heard Shri Saurabh Bajaj, Counsel for the Appellant in this appeal at the admission stage itself.
5. The version of the appellant/OP No.1 is that Shri Jasprit Singh Sethi, Manager of the OP No.1 Bank appeared before the bank of the date fixed and placed on record a letter dated 1.7.2013 issued by the appellant/OP No.1 Bank apprising that CCTV Footage for the transacting date is not available due to technical issue. However, the Ld. District Forum passed the following order reproduced below:
“Authority filed on behalf of OP No.1.
Reply has been filed by OP No.-2. Copy given. AR for OP-1 has submitted that the relevant record is not available in their branch and hence no reply can be filed. The defence of the OP-1 stands struck off.
AR of the OP No.2 is directed to appear in person on the next date with all the relevant documents on 1.8.2013”
6. We do not find any reason for not believing the version of the appellant/OP. Policy of law is not to stifle a contest. In such circumstances, a lenient view is required to be taken so as to allow the OP to contest the case. We, therefore, allow the appeal setting aside the ex-parte orders dated 1.7.2013 and remand the case back to District Consumer Disputes Redressal Forum (North East), Nand Nagari, Delhi to decide the case on merits.
7. Copy of this order be sent to District Consumer Disputes Redressal Forum (North East), Nand Nagari, Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
