Delhi

StateCommission

A/246/2015

ICICI BANK LTD. - Complainant(s)

Versus

RUCHI JAIN - Opp.Party(s)

06 Jul 2015

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                   Date of Decision: 06.07.2015

First Appeal No. 246/2015

(Arising out of the order dated 06.04.2015 passed in complaint case No. CC/660/2011 by the District Consumer Disputes Redressal Forum, I.P.Estate, New Delhi)

In the matter of:

ICICI Bank Ltd.

2^nd Floor, Videocon Tower

Jhandewalan Extension

New Delhi-110055                                                Appellant

 

Versus

 

Ruchi Jain

W/o Sh. Vikas Jain

R/o  A-1, Rehman Market

Sadar Bazar, Near Paan Mandi

Delhi-110006                                              Respondent

                                                                  

          CORAM

 

SH N P KAUSHIK                              -                       Member (Judicial)

SH. S.C. JAIN                                    -                       Member

 

1.         Whether reporters of local newspaper be allowed to see the judgment? Yes

2.         To be referred to the reporter or not? Yes

 

S C Jain – MEMBER

 

ORDER

               

Heard on admission.

                            Admitted.

The appeal can be disposed of at the outset as the appellant states that the District Forum has made a grave mistake in mentioning in the order that the appellant/OP has not filed any written statement in their defence. Whereas in the order sheet dt. 20.11.2012 filed with the appeal papers it is very much clear that the OP/appellant has filed their reply to the complaint with the District Forum on that date and the order reads as following:

“H/o Complainant present

                        Sh. Hemant Gupta, adv. Counsel for OP.

                        Reply filed by OP.  Copy placed on record supplied. Cost paid, Now R/E by complainant on 01.02.2013.”

 

Counsel for the respondent admits that the written statement was duly filed by the appellant/OP and they had also filed their rejoinder to the written statement and admits the mistake committed by the District Forum and states that she has no objection if the matter is remanded back to the District Forum for deciding their complaint on merits after considering written statement of the appellant/OP which was filed by OP on 20.11.2012.

It is surprising to note that without perusing the file the author of the judgment had reached to the conclusion that the OP had not filed their written statement and their defence was closed and the complaint was decided without considering the written statement, evidence filed by the appellant/OP.

 

It is expected that before pronouncing judgment the author is required to peruse the file carefully and then to reach certain conclusion.  As the District Forum has committed a grave error and passed the order without appreciating the submissions made by the appellant/OP in their written statement and does not go into other merits of the appeal, we set aside the order passed by the District Forum, New Delhi in Complaint Case No. 660/2011 titled as Ruchi Jain Vs ICICI Bank Ltd. passed on 06.04.2015 and remand back the case to the District Forum for which complainant/respondent have also consented with the directions to decide the complaint of the complainant after taking into consideration all the materials placed by both the parties and on completing the pleadings as per law and to decide the complaint as expeditiously as possible.  Appeal is accordingly disposed of in above terms with the directions to both the partiess to appear before the District Forum on 27.08.2015 for further proceedings.

Copy of the order be given Dasti to the parties and one copy be sent to the District Forum concerned and thereafter the file be consigned to the Record Room.

FDR, if any, deposited by the appellant be released as per rules.

 

(N P KAUSHIK)
MEMBER (JUDICIAL)

 

 

(S C JAIN)

MEMBER