NCDRC

NCDRC

RP/3240/2012

HIRA LAL YADAV - Complainant(s)

Versus

STANDARD CHARTERED BANK - Opp.Party(s)

M/S. G.D. & CO.

18 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3240 OF 2012
 
(Against the Order dated 06/08/2012 in Appeal No. 401/2010 of the State Commission Delhi)
1. HIRA LAL YADAV
S/o ShriTapeshwar Yadav R/o H.No-230,Gali No-13 J-1,Block,Sangal Vihar
New Delhi - 110061
Delhi
...........Petitioner(s)
Versus 
1. STANDARD CHARTERED BANK
10 Sansad Marg Post Box No-5
New Delhi-110001
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Mr. G.D. Sharma, Advocate
For the Respondent :NEMO

Dated : 18 Sep 2012
ORDER

Order dated 06-08-2012 passed by the Delhi State Consumer Disputes Redressal Commission in FA No. 401/10 is questioned in these proceedings. By the said order, the State Commission dismissed the appeal of the appellant because there was no representation on behalf of the parties at the time of hearing of the appeal. The State Commission waited for the parties uptill 12.30 P.M., as is evident from the impugned order. 2. Learned counsel for the petitioner submits that the absence of the appellantand hiscounsel before the Commission at the time of hearing of the appeal on 06-08-2012 was not intentional but it was due to the reason that the State Commission had given him the date of hearing as 07-08-2012 while the appeal was listed and dismissed on 06-08-2012. There appears to be force in this contention of the petitioner as from the Cause List dated 21-03-2012 which was supplied to the petitioner pursuant to Right to Information application, it is evident that the appeal of the petitioner was adjourned to 07-08-2012 and even the cross appeal filed by the Standard Chartered Bank bearing FA No. 10/717 was also adjourned to 07-08-2012. Counsel further submits that the cross appeal filed by the Standard Chartered Bank came up for hearing on the correct fixed date i.e. 07-08-2012 but the appeal of the present petitioner was wrongly and incorrectly listed on 06-08-2012. The respondent also did not appear on the date of hearing i.e. 06-08-2012 which would clearly show that the respondent was under the belief that both the appeals were to come up for hearing on 07-08-2012. 3. For the above reasons we find sufficient reasons for non-appearance of the appellant before the State Commission and since the State Commission does not have power to recall its own order going by the decision of the Supreme Court in the case of ajeev HitenderPathak&Ors. Vs. AchyutKashinathKarekar&Anr.[2011 9 SCC 541] we allow the petition and set aside the impugned order and restore the appeal on the board of the State Commission. It is informed by the counsel for the petitioner that cross appeal filed by the Standard Chartered Bank is listed for hearing before the State Commission on 12-12-2012. We, therefore, direct the petitioner to appear before the State Commission on that date i.e. 12-12-2012 for receiving further directions from the State Commission. We make it clear that we have not bestowed our consideration on the merits of the appeal filed by the petitioner before the State Commission and the State Commission will be free to take a view as it may deem proper in accordance with the law.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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