Order Passed

Sh. V.K. Sharma, learned counsel for the appellant and Sh. S. Parashar, learned counsel for respondent are present.

Heard.

This appeal is directed against the impugned judgment and order dated 20.10.2008 passed by the District Forum, Dehradun in consumer complaint No. 216 of 2000;     Smt. Maninder Kaur vs. State Bank of India, whereby the District Forum has dismissed the consumer complaint.

Briefly stated the facts of the case, giving rise to the appeal, are that the complainant has filed a consumer complaint in respect of TDR No. 675344 dated 08.11.1996 for a sum of Rs. 30,000/- with the State Bank of India, Doiwala, which was to be matured on 07.02.2000.

According to the appellant-complainant that without any consent of the appellant, the State Bank of India had adjusted the said TDR in wrong account of one Sh. Davinder Singh, therefore, the consumer complaint was filed before the District Forum, Dehradun.

The consumer complaint was contested by the opposite parties by filing written statement. 

Both the parties have laid their evidence on record.  The consumer complaint was dismissed on 20.10.2008. Aggrieved by the said order, the complainant-appellant has filed the present appeal.

In the appeal, learned counsel for the appellant has contended that he was not heard by the District Forum on 13.10.2008, even then in the judgment it was written that both the parties were heard.

We have perused the order sheet dated 13.10.2008 of the District Forum’s file, which indicates that only opposite parties were heard and complainant was not heard.

Therefore, we are of the view that without entering into merit of the case, we deemed it fit and proper and remand the case back to the District Forum, Dehradun for hearing. So that the appellant-complainant may also argue his case before the District Forum. 

Impugned judgment and order is set aside.  The case is remanded back to the District Forum, Dehradun for hearing and the District Forum is directed that the consumer complaint be decided expeditiously and preferably within three months from the date of appearance of both the parties before the District Forum.  Both the parties shall appear on 03.10.2016 before the District Forum.