Karnataka

StateCommission

A/1758/2016

Shubha. R - Complainant(s)

Versus

The Manager Central Bank of India - Opp.Party(s)

M.N. Nehru Hemachandra R. Rai

14 Feb 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 14^TH DAY OF FEBRUARY 2022

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 1758/2016

 

Shubha R. W/o. Raghavendra M/s. D.I. Brand Shop Proprietor No.1215, 4th Main, 3rd Cross H.S.R Layout Sector Bangalore - 560 102. (By Sri. M.N. Nehru) V/s	……Appellant
The Manager Central Bank of India No. 395, 10th Main 7th Sector, H S R Layout Bangalore- 560 102	..…Respondent

O R D E R

 

Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This is an appeal filed under Section 15 of the Consumer Protection Act, 1986. 

2. The Commission heard Learned Counsel for appellant.  We examined the impugned order dated 31.12.2015 passed in C.C.No.425/2015 on the file of Bangalore Urban District Consumer Disputes Redressal Forum.
3. The appellant / complainant raised consumer complaint before forum below on 04.03.2015.  This complaint was admitted by the forum below in order to hold an enquiry.  Accordingly, on 27.07.2015 OP filed version and posted for affidavit evidence of complainant and on 31.12.2015 impugned order passed by forum below dismissing the complaint for non-prosecution.  It is this order which is impugned in this appeal.
4. Learned Counsel for appellant would submit that non-appearance of complainant on the date of passing of impugned order was not willful, but, for the reasons stated in this appeal.  We examined the grounds of appeal thereby found satisfied to hold that there was sufficient cause for non-appearance as on the date of impugned order.  It is therefore, it would be just and proper to restore Consumer complaint No. 425/2015 on the file of forum below to proceed with the matter on merits affording opportunity to both parties.  Consequently, set aside the impugned order and directed forum below to restore C.C. No.425/2015 on the file on 07.03.2022.  The appellant / complainant is directed to appear without fail on 07.03.2022 before forum below and the forum is directed to issue notice to OP and decide the complaint in accordance with law.

 

 

  MEMBER                       JUDICIAL MEMBER            PRESIDENT

 

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