Date of Decision:09.10.2014
First Appeal- 823/2014
(Arising out of the order dated 29.04.2014 passed in Complainant Case No. 526/2009 passed by the District Consumer Disputes Redressal Forum-II, Mehrauli, New Delhi)
IN THE MATTER OF:-
HDFC Bank
B-28, 2nd Floor,
Community Centre,
Janakpuri,
New Delhi-110058.
….Appellant
Versus
Sanjay Kumar Singh
A-409, Durga Vihar,
Devoli Extention,
New Delhi-110002.
….Respondent
CORAM
(Justice Veena Birbal, President)
(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?
(Justice Veena Birbal, President)
1) A challenge has been made to order dated 29.04.2014 by which appellant herein i.e. OP no-1 before the District Forum has been proceeded ex-parte.
2) The respondent herein i.e. complainant before the District Forum.
3) The respondent is present along with his counsel. Respondent has not opposed the appeal accepts for costs.
4) We have gone through the reasoning given for non-appearance. As per the appellant he could not appear on the date fixed due to wrong noting of the date. It is stated that appellant/OP-1 had come to know of hearing being proceeded ex-parte only on 29.04.2014 and thereafter immediately certified copy of the order was applied and the certified copy was received only on 01.07.2014 and immediately thereafter steps were taken.
5) In view of the submissions made, we are satisfied that the complaint had a sufficient cause due to which he could not appear on the date fixed. We set aside the impugned order, subject to costs of Rs. 5000/-.
6) It is stated that the next date before the District Forum is in November. On the next date Ld. counsel is not aware of the exact date appellant shall pay the costs of Rs. 5000/- to the respondent and thereafter the District Forum shall proceed with the matter in accordance with law.
