West Bengal

StateCommission

RP/101/2023

REGIONAL HEAD-ADMINISTRATION EAST, HDFC BANK - Complainant(s)

Versus

SRI ARINDAM BANIK - Opp.Party(s)

SONI OJHA,PUNAM CHOUDHARY,SREYA MUKHERJEE

03 Dec 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/101/2023
( Date of Filing : 03 Aug 2023 )
(Arisen out of Order Dated 11/07/2023 in Case No. CC/428/2022 of District Kolkata-II(Central))
 
1. REGIONAL HEAD-ADMINISTRATION EAST, HDFC BANK
31, CHOWRINGHEE ROAD, PARK STREET OFFICE, KOLKATA-700016 P.S. PARK STREET
KOLKATA
WEST BENGAL
...........Appellant(s)
Versus
1. SRI ARINDAM BANIK
1ST FLOOR, FLAT 1A, 56 BLOCK-D, BANGUR AVENUE, SOUTH DUM DUM M, KOLKATA- 700055
24 PARAGANAS NORTH
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MR. NITYASUNDAR TRIVEDI MEMBER
 
PRESENT:SONI OJHA,PUNAM CHOUDHARY,SREYA MUKHERJEE, Advocate for the Petitioner 1
 Ms. Susmita Dutta., Advocate for the Respondent 1
Dated : 03 Dec 2024
Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member

Both sides are present through their respective Ld. Counsels.

Today is fixed for final hearing of the Revision Petition.

The Revision petition is taken up for hearing.

In the impugned order no. 7 dated 11.07.2023 in complaint case no. 428/2022, the Ld. DCDRC, Unit—II rejected the prayer for OP for acceptance of the written version on 10.05.2023 because the statutory period of filing written version was over.

The notice was served on the OP on 10.03.2023 and the period for filing written version by the OP elapsed by 10.05.2023.

It is submitted by the Ld. Counsel concerned that the copies of amended complaint has not been served upon her. According to her, she should have got extended date for giving written version, as Day 1 would start from date of filing amended petition.

Heard all concerned.

Considered.

It appears that the OPs have already filed written version which was not accepted by the Ld. Commission below. So, we are of the view as the OPs have already appeared before the Ld. Commission below and filed written version, an opportunity should be given to the OPs to contest the case.

In view of the above observations, the Revision Petition being no. 101/2023 is allowed. The impugned order is set aside.

The Ld. Commission below is directed to accept the written version which was already on record.

The parties are directed to appear before the Ld. Commission below on 03.01.2025.

Ld. Commission below is requested to dispose of the case in accordance with law after giving the parties an opportunity of being heard without being influenced by any observations made by this Commission.

Order of interim stay, if there is any, in connection with the Revision Petition stands vacated.

Let a copy of this Order be sent down to the Ld. Commission below.

Let copies of the Order be made available for the parties free of cost.

Revision Petition being no. 101/2023 stands disposed of.

Note accordingly.

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MR. NITYASUNDAR TRIVEDI]
MEMBER
 

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