Rajasthan

StateCommission

A/258/2022

Smt. Meena Kumari - Complainant(s)

Versus

SBI - Opp.Party(s)

Sanjay Sharma

20 Feb 2023

ORDER

RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION,JAIPUR

 

FIRST APPEAL NO: 258/2022

 

Smt. Meena Kumari w/o Sh. Gopal Lal Khatri r/o 751-A, Sindhi Colony, Jaipur at present Office at Ramsingh Building, Transport Nagar, Jaipur.

Vs.

State Bank of India through Br.Manager, Br. Office Transport Nagar, Jaipur 302003 & ors.

 

Date of Order 20.2.2023

Before:

Hon'ble Mr. Atul Kumar Chatterjee- Member(Judicial)

Hon'ble Ms. Urmila Verma- Member (Judicial)

Hon'ble Mrs. Shobha Singh- Member

Present:

Mr. Sanjay Sharma learned counsel for the appellant

Mr. Anil Sharma learned counsel for the respondents

 

BY THE STATE COMMISSION ( PER HON'BLE MR.ATUL KUMAR CHATTERJEE, MEMBER ( JUDICIAL):

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This appeal has been filed by appellant/complainant against the judgment of learned District Consumer Commission, Jaipur 1^st Jaipur dated 31.5.2022 passed in Complaint Case No 216/2017 vide which the complaint of the appellant/complainant was dismissed in default.

 

Today the learned counsels for both the sides are present. We heard both of them.

 

The learned counsel for the appellant/complainant has more or less reiterated the contents of memo of appeal as arguments and has given the reasons for absence of complainant on various dates shown in the impugned order whereupon allegedly the complainant remained absent. The learned counsel for the appellant/complainant requests that in the interest of justice the impugned order dated 31.5.2022 shall be set aside and the appellant/complainant shall be given an opportunity to pursue her complaint and get the decision on merits.

 

Per contra the learned counsel for the respondents/non-complainants bank has opposed the contentions of the learned

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counsel for the appellant/complainant and has supported the impugned order as being perfect in given circumstances.

 

We have pondered upon the rival contentions and have gone through the record.

 

It is true that the dates falling in the year 2020, 2021 and 2022 were more or less the dates of lock down due to pandemic Covid-19 but the complainant had allegedly remained absent in the year 2019 in two occasions too but having regard to the fact that the appellant/complainant has herself filed this appeal so that she can get judgment on merits therefore, keeping in mind the basic principles of natural justice and also the fact that the complainant herself is now ready and willing to file her evidence and is willing to get judgment on merits. Besides this the case was pending at the stage of final arguments therefore, we deem it proper that the impugned order be set aside on the condition that if the appellant/complainant deposits Rs. 3000/- in Rajasthan State Consumer Welfare Fund, the complaint be restored and the learned DCC Jaipur 1^st Jaipur shall decide the complaint on merits after hearing the contentions of either sides.

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In view of above discussions we hereby order that if the appellant/complainant deposits Rs. 3000/- in Rajasthan State Consumer Welfare Fund, the complaint be restored and the learned DCC Jaipur 1^st Jaipur shall decide the complaint on merits after hearing the contentions of either sides. The appeal is disposed off as above.

 

Both the parties are directed to appear before the learned DCC Jaipur 1^st Jaipur on 1.3.2023.

 

(Shobha Singh) (Urmila Verma) (A.K.Chatterjee)

Member Member Judicial Member Judicial

 

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