Haryana

StateCommission

RP/29/2018

ANDHRA BANK - Complainant(s)

Versus

SHAMSHER SINGH - Opp.Party(s)

R.S. BADHRAN

10 Apr 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.    29 of 2018

Date of Institution:       13.03.2018

Date of Decision:         10.04.2018

 

 

Andhra Bank, through Arun Kachhap it’s Senior Manager, Sirsa, Main Branch, Shree Prakash Ratna Complex Barnala Road, Sirsa, Haryana-125055.

 

…….Petitioner-Opposite Party No.1

 

Versus

 

Shamsher Singh son of Shri Darshan Singh, resident of Village Farwai Kala, Proprietor M/s Kamal Shergill Farm, Tehsil and District Sirsa, Haryana.

 

                   ……Respondent-Complainant

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri Balbir Singh, Judicial Member.

 

Present:     Shri S.S. Badhran, counsel for the petitioner.

 

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

The instant revision petition has been filed by Andhra Bank, Main Branch, Shree Prakash Ratna Complex, Barnala Road, Sirsa-opposite party No.1 (Bank) against the order dated January 03^rd, 2018 passed by District Consumer Disputes Redressal Forum, Sirsa (District Forum) whereby Bank was proceeded ex parte. 

2.      Learned counsel for the Bank has urged that summons were misplaced in the office of Bank due to which nobody could appear on behalf of Bank before the District Forum on January 03^rd, 2018 and was proceeded ex parte. The next date of hearing before the District Forum is April 20^th, 2018.

3.      Be that as it may and without delving deeper, this Commission is of the opinion that ends of justice would be met if the impugned order is set aside and opportunity is granted to the Bank to file written version and contest the complaint.  For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is accepted and the impugned order is set aside subject to the conditional cost of Rs.3000/- which is to be paid by the Bank to the respondent-complainant, on the date fixed, before the District Forum. The Bank is accorded opportunity to file written version and join the proceedings.

5.      This revision petition is disposed of without issuing notice to the respondent with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter.  Reliance can be placed on a Division Bench Judgment of Hon’ble Punjab and Haryana High Court rendered in Batala  Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27^th, 2002.

5.      The Bank is directed to appear before the District Forum, on April 20^th, 2018, the date already fixed.

6.      Copy of this order be sent to the District Forum.     

         

Announced 10.04.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

  (D.R.)