NCDRC

NCDRC

RP/1703/2012

INDIAN BANK & ANR. - Complainant(s)

Versus

S.N. SHANKAR - Opp.Party(s)

MR. HIMANSHU MUNSHI

05 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1703 OF 2012
 
(Against the Order dated 13/12/2011 in Appeal No. 1178/2011 of the State Commission Karnataka)
1. INDIAN BANK & ANR.
Indian bank,Sdashivanagar,Sankey Road
Bangalore - 5600003
karnataka
...........Petitioner(s)
Versus 
1. S.N. SHANKAR
R/o C/o Shri S.N Sreeram No-80/2,4th cross Someshwara Temple Street Lalbagh Siddhipura
Bangalore - 560011
Karnataka
2. The Chairman and Managing Director, India Bank
Head Office No-66 Rajaji Salai
Chennai - 600001
Tamil Nadu
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. HIMANSHU MUNSHI
For the Respondent :MR. S. VITTAL SHETTY

Dated : 05 Oct 2012
ORDER

1. Learned counsel for the parties are present. Arguments heard at length. The District Forum vide its order dated 24.02.2011 dismissed the complaint on the ground that the same was barred under Section 24A of CP Act. It further ordered that the dispute between the parties involved contentious issues therefore the party should approach the Civil Court. 2. Appeal was preferred before the State Commission. The said order was reversed by the State Commission. The State Commission passed the following order: o without expressing our views on merits and demerits of the case, we find complaints are well within the period of limitation. As already observed by us complainants will get a recurring cause of action till F.D. amount is paid to him. If he is in due of certain amount or he has committed any irregularity, fraud and misconduct it is for the Opposite Party to redress it in accordance with law, it is not done. Under such circumstances, we find there is a merit in these appeals and complainants are able to show that the impugned order is unjust and improper suffers from legal infirmity unsustainable in law. There is a proof that the said order suffers from error apparent on the face of record requiring our interference. Accordingly we answer point Nos. 1 & 2 and proceed to pass the following:- :-ORDER:- The appeal No. 1178/2011 and 1179/2011 are hereby allowed. The impugned order under appeal passed by the I Addl. D. C. F. Bangalore in complaint Nos. 20/2010 and 21/2010 dated 24/02/2011 are hereby set-aside. Complaints are restored to their original numbers. Matters are remitted back to the D.F. concerned with a direction to dispose off the said complaints on merit after affording reasonable opportunity to the respective litigating parties. Both the appellants and respondents are hereby directed to appear before the concerned D.C.F. on 12/01/2012 and seek further instructions in the matter. As far as this appeals are concerned, no order as to costs. Keep the original order in Appeal No. 1178/2011 and a copy be placed in Appeal No. 1179/2011. 3. The order passed by the learned Trial Court can not be faulted. Both the parties submit that they had to lead the evidence. We confirm order passed by the State Commission and direct the parties to appear before the District Forum and the District Forum is further directed to hear both the parties and decide the case on merits within a period of four months from today. Copy of this order be given dasti. Copy of this order be also sent to the District Forum officially as well. Matter stands disposed of. 4. Both the parties are directed to appear before the District Forum on 20.10.2012. If 20.10.2012 will be a holiday then parties are directed to appear on the next working day.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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