NCDRC

NCDRC

RP/67/2013

STANDARD CHARTERED BANK LTD. - Complainant(s)

Versus

SYED PARVEZ YOUSUF - Opp.Party(s)

MR. SANJEEV SAGAR & MR. RAJEEV SAGAR

29 May 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 67 OF 2013
 
(Against the Order dated 05/12/2012 in Appeal No. 107/2011 of the State Commission Delhi)
WITH
IA/95/2013,IA/1527/2013
1. STANDARD CHARTERED BANK LTD.
Through its Authorized Officer, 10Parliament Street
NEW DELHI
...........Petitioner(s)
Versus 
1. SYED PARVEZ YOUSUF
S/o Sh. Syed S.M Yousuf R/o 7A Pocket-III, Mayur Vihar, Phase-I
DELHI - 110091
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :MR. SANJEEV SAGAR & MR. RAJEEV SAGAR
For the Respondent :
For the Respondent No. 1 & 2 :Mr. Madhurendra Kumar, Advocate
with Mr. Syed Parvez Yousuf in person

Dated : 29 May 2013
ORDER

Heard learned counsel for parties. Petitioner made payment of Rs. 1000/- to respondent in compliance of Order dated 22.01.2013. Ld. Counsel for petitioner submitted that on 5.12.2012, petitioner could not appear before State Commission as wrong date of 8.12.2012 was recorded by counsel for the petitioner and in such circumstances appeal was dismissed in default which may be restored. Ld. Counsel for respondent submitted that on previous two occasions, i.e. 7.02.2012 and 23.08.2012 petitioner did not appear and in such circumstances revision petition should be dismissed as petitioner was not vigilant in pursuing appeal. Perusal of record reveals that on 1.11.2011 matter was adjourned for 7.02.2012 for fixing date for arguments. On 7.2.2012 neither the petitioner nor the respondent appeared before State Commission and matter was fixed for arguments on 23.08.2012. In such circumstances non-appearance of petitioner on 7.02.2012 before the State Commission is insignificant. It is true that on 23.08.2012 petitioner did not appear but ordersheet reveals that on that day counsel for respondent filed Vakalatnama and matter was adjourned to 5.12.2012 for arguments. As wrong date was recorded by learned counsel for the petitioner and Ld. State Commission dismissed the appeal on account of absence of the petitioner/appellant, we deem it proper to restore the appeal and allow this revision petition. Consequently, revision petition filed by the petitioner is allowed and Impugned Order dated 5.12.2012 passed by learned State Commission in FA No. 107/2011 Standard Chartered Bank Vs. Syed Parvez Yousuf is set aside, subject to payment of Rs. 5000/- as costs to respondent and appeal is restored on its original number. Parties are directed to appear before State Commission on 12.07.2013. Petitioner is directed to file proof of depositing amount with the District Forum and if amount has been deposited, stay order will continue till next date.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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