Chandigarh

StateCommission

RP/8/2017

Axis Bank - Complainant(s)

Versus

Rewa Lamba - Opp.Party(s)

Sukhbir Singh

25 May 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                               

Revision Petition No.	:	8 of 2017
Date of Institution	:	19.05.2017
Date of Decision	:	25.05.2017

 

Axis Bank,  SCO No.369-370, 2^nd Floor, Sector 34/A, Chandigarh 160022, through its Bank Manager/Authorized Signatory.

 

……Revision Petitioner/Opposite Party No.2.

 

Versus

 

1. Rewa Lamba W/o Sh.Vinod Lamba r/o H.No. 103, Sector 18, Chandigarh.

 

….Respondent/complainant.

 

2. Paul Merchant Ltd., SCO 829-830, Sector 22-A, Chandigarh.
3. Almondz Insurance Brokers Private Ltd., Level 5, Grande Palladium, 175, CST Road, Off BKC, Kalina, Santacruz (East), Mumbai, PIN Code 400098.
4. Future Generali India Insurance Co. Ltd., Corporate & Registered Office, 6^th Floor, Tower – 3, India Bulls Finance Center, Senapati Bapat Marg, Elphinstone Road, Munbai – 400013, Maharashtra, through its Director/Chairman/Authorized Signatory.

 

      …. Respondents/Opposite Parties No.1,3 & 4.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

Sh. Sukhbir Singh, Advocate for the Revision Petitioner/Opposite Party No.2.

Sh. Munish Goel, Advocate for respondent No.1/complainant.

 

 

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

            Service is complete.

2.         Sh. Munish Goel, Advocate has put in appearance on behalf of respondent No.1/complainant and filed his Vakalatnama, which is taken on record.

3.         This revision petition has been filed by the revision petitioner/Opposite Party No.2, against order dated 01.05.2017 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short “the Forum” only), which reads thus :-

“ Notice sent to OP-2 through regd. post on 29.03.2017 has not been received back served/unserved till date. Since more than 30 days have elapsed, therefore, OP is presumed (Sub Clause (2) of Regulation 10 of “The Consumer Protection Regulations, 2005”) to have been served. Called several times since morning, but none has appeared on behalf of OP. Hence, OP-2 is proceeded as exparte.

                   Vakalatnama, reply and evidence on behalf of OP-3 have been filed. Copy be supplied.

                    Vakalatnama has been filed on behalf of OPs 1 & 4. Reply and evidence be filed on 09.06.2017.”

4.         We have seen record of the Forum.

5.         It is clear that notice was issued to the Opposite Parties only on 23.03.2017 for 01.05.2017, on which date, exparte proceedings were ordered against the revision petitioner/Opposite Party No.2. Immediately, thereafter, this revision petition has been filed.

6.         The above fact makes it very clear that the revision petitioner/Opposite Party No.2 is not interested in delaying the proceedings. It is a basic principle of law that no party should go unrepresented and it is always better to pass an order on merits. It is stated in the application that on account of some mistake by the employee sitting on the reception desk, papers were sent to a wrong branch. Be that as it may, delay caused is not too much. Counsel for the revision petitioner states that reply and evidence/affidavit will be filed positively on the next date of hearing before the Forum.

7.         In view of above, this revision petition is allowed. Order, under challenge, is set aside to the extent ordering exparte proceeding against the revision petitioner/Opposite Party No.2.

8.         Parties are directed to appear before the Forum on the date fixed before the Forum i.e. 09.06.2017.

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

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

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

Pronounced.

25th May, 2017.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/rb