IA No. 3243 of 2013 (Application for condonation of delay)

          For the reasons stated in the application and in the absence of any resistance thereto, the delay of 548 days in filing the Revision Petition is condoned.

Application stands disposed of.

Revision Petition

Despite service, no one has put in appearance on behalf of the Respondent/Complainant.  Accordingly, I have heard learned Counsel appearing for the Petitioner.

          This Revision Petition, by the Indian Overseas Bank, calls in question the legality of order dated 08.08.2011 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission at Lucknow (for short “the State Commission”) in Appeal No. 139 of 2005.  By the impugned order, the Appeal preferred by the Petitioner Bank has been dismissed for non-prosecution, as it was not represented at the time of hearing of the Appeal.

          The sole grievance of the Petitioner Bank is that after the admission of the Appeal in the year 2005, no advance notice was issued to either of the parties for listing it for final disposal abruptly on 08.08.2011 and, therefore, the impugned order is clearly violative of the principles of natural justice.

To verify the stand of the Petitioner, vide order dated 13.03.2014 we had called for the original record of the State Commission, which has since been received.  It appears from the record that on 20.07.2005, as no one had appeared on behalf of the Respondent, the appeal was directed to be re-notified.  Presumably on direction by the Bench, the Appeal was listed for hearing on 23.04.2009.  Thereafter, hearing in the Appeal was being deferred from time to time and abruptly on 08.08.2011, as noted above, it was dismissed for non-prosecution.  Pertinently, on that day even the Respondent was not represented.  It is evident from the record that after issue of show cause notice, the Appeal was suddenly listed for final hearing after four years, without any notice to either of the parties.

          In view of the above, in my opinion, the State Commission acted in a haste to dismiss the Appeal on 08.08.2011, without due intimation to the parties.  Thus, the impugned order cannot be sustained.

          Consequently, the Revision Petition is allowed; the impugned order is set aside; and the Appeal is restored to the board of the State Commission for disposal on merits, after due notice to the Respondent.

          The Petitioner Bank is directed to appear before the State Commission on 05.01.2015 for further proceedings.

          The original record of the State Commission shall be sent back forthwith.