NCDRC

NCDRC

RP/3907/2013

RAM CHANDER - Complainant(s)

Versus

STATE BANK OF INDIA - Opp.Party(s)

IN PERSON

10 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3907 OF 2013
 
(Against the Order dated 10/10/2012 in Appeal No. 1971/2012 of the State Commission Uttar Pradesh)
1. RAM CHANDER
...........Petitioner(s)
Versus 
1. STATE BANK OF INDIA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Ajay Kr. Singh, Son & A.R. of petitioner
For the Respondent :

Dated : 10 Jul 2014
ORDER

Heard authorized representative of the petitioner and perused record. 2. Petitioner has filed revision petition along with application for condonation of delay of 209 days. 3. Perusal of record reveals that earlier revision petition was filed by Ajay Kumar whereas it should have been filed by Ram Chander and that revision petition was withdrawn on 05-07-2013 and later on this revision petition was filed on 02-09-2013. Thus, it becomes clear that on account of filing revision petition by son instead of father, earlier revision petition was withdrawn and delay occurred in filing another revision petition. In such circumstances delay of 209 days in filing this revision petition is condoned. 4. Perusal of record reveals that learned State Commission dismissed appeal on account of uploading cause list on internet and none appeared for both the parties. As no notice has been served on the petitioner for appearance before State Commission, learned State Commission ought not to have dismissed appeal on the basis of uploading cause list on internet and impugned order is liable to be set aside. 5. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 10-10-2012 passed by learned State Commission in Appeal No. 1971/2012 Ram Chander Vs. State Bank of India is set aside and matter is remanded back to State Commission to decide appeal in accordance with law after giving an opportunity of being heard to both the parties. 6. Petitioner is directed to appear before State Commission on 02.09.2014.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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