BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

F.A.No.1305/2013 in C.C.No.37/2011,District Forum-I, EAST GODAVARI AT KAKINADA.

Between:

Bosukonda Radhakrishna

S/o.late Gopala Krishna,

Aged about 55 years, 

Occ:Business, R/o.D.No.

8-24-7/1, Subbarao street

Gandhinagar, Kakinada,                                               ..Appellant/

                                                                                complainant

And

The Chief Manager,

HDFC Bank Ltd,

Kakinada branch,

Main Road, Kakinada.                                                  Respondent/

Counsel for the Appellant: M/s.V.Gourisankara Rao

Counsel for the Respondent:M/s Lotus Law Associates

QUORUM: HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT.

SRI S.BHUJANGA RAO, HON’BLE MEMBER.

AND

SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER.

THURSDAY, THE SEVENTH DAY OF AUGUST,

TWO THOUSAND FOURTEEN

Oral Order ( Per Hon’ble Sri Justice GopalakrishnaTamada, President.)

***

        The complainant is the appellant and this appeal is directed against the order dated 26-7-2013 made in C.C.No.37/2011 on the file of District Forum-I, Kakinada whereby the complaint was dismissed as the complainant and his counsel were called absent.

        The learned counsel for the appellant/complainant submitted that the complaint was filed for a direction to the opposite party to refund an amount of Rs.6,06,102-03 ps. which was collected by the opposite party as pre payment charges illegally and that six instalments were collected in excess towards monthly instalments @ Rs.2,10,529/- each and also award Rs.50,000/- towards mental agony and costs.  After evidence affidavit of the appellant was filed and Exs.A1 to 13 were marked on his behalf, as there was no representation, the complaint was dismissed.

        Heard.

        This Commission is of the  view that any dispute between the parties has to be decided on merits rather than on technicalities, therefore, we are of the considered opinion that an opportunity has to be given to the appellant/complainant to contest the said matter.

        Accordingly this appeal is allowed and the order impugned in this appeal is hereby set aside on payment of costs of Rs.5000/- to be paid to the Bar Association of A.P.State Consumer Disputes Redressal Commission.  On ascertaining the fact that costs are paid, the District Forum shall restore the C.C. and proceed with the same in accordance with law after giving notice and opportunity to both sides.   

                                                                        Sd/-PRESIDENT.

                                                                        Sd/-MEMBER.

                                                                        Sd/-MEMBER.

JM                                                                     Dt.07-8-2014.