NCDRC

NCDRC

RP/4950/2012

HARMESH CHAND SHARMA - Complainant(s)

Versus

SENIOR MANAGER, CENTRAL BANK OF INDIA - Opp.Party(s)

MS. POOJA SINGH & MR. GIRISH KUMAR

03 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4950 OF 2012
 
(Against the Order dated 16/10/2012 in Appeal No. 238/2011 of the State Commission Himachal Pradesh)
1. HARMESH CHAND SHARMA
S/o Sh.Jaggar Nath Sharma, R/o Village & PO.Panoh Tehsil
UNA
H.P
...........Petitioner(s)
Versus 
1. SENIOR MANAGER, CENTRAL BANK OF INDIA
Central Bank Of India.
UNA
H.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Ms. Pooja Singh, advocate
For the Respondent :
Mr. Jaswinder Singh, advocate

Dated : 03 Sep 2013
ORDER

Learned counsel for the respondent has filed Vakalatnama along with the reply. 2. Heard learned counsel for the parties and perused record. 3. Learned counsel for the petitioner submitted that appeal was dismissed by learned State Commission on 16-10-2012 on account of petitioner non-appearance as on earlier date i.e. 27-09-2012 counsel who appeared for the petitioner had not informed next date to the main counsel so it may be restored. Learned counsel for the respondent submitted that petitioner has neither placed copy of order sheet dated 27-09-2012 nor there is any reasonable explanation for non-appearance on 16-10-2012, hence revision petition be dismissed. 4. Learned counsel categorically stated in revision petition that the counsel who appeared on 27-09-2012 before the Bench did not convey next date to counsel for the petitioner and in such circumstances appeal was dismissed in default. As revision petition has been dismissed in default by impugned order dated 16-10-2012, we deem it appropriate it to set aside the impugned order subject to cost and restore the appeal so that the matter may be decided on merits after hearing both the parties. 5. Consequently, revision petitions is allowed and impugned order dated 16-10-2012 passed by learned State Commission in F.A. No. 238 of 2011 Harmesh Chand Sharma vs Senior Manager, Central Bank of India, Una (H.P.) is set aside subject to payment of Rs.5,000/- as cost to the respondent and appeal is restored at its original number and learned State Commission is directed to proceed in accordance with the law. 6. Parties are directed to appear before State Commission on 11-10-2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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