Mr. Nityasundar Trivedi, Hon’ble Member
This Revision Petition arising out of Order dated 03.06.2022 of the Ld. DCDRC, Rajarhat (Order No.7) was filed before this Hon’ble State Commission to nullify that Order of trial case No.CC/144/2021 wherein this Revisionist/Petitioner was the Complainant against the Senior Manager, HDFC Bank Ltd. The case of the Revisionist/Petitioner is:
On 03.06.2022 the Hon’ble DCDRC, Rajarhat passed an Order allowing filing of W/V by the O.P/HDFC Bank fixing 26.07.2022 as the date next. Challenging this very Order this Revision Petition is filed at the Hon’ble State Level by the Complainant at the District Level. The Complainant at the District Level is dead against allowing the O.P to file W/V by the O.P. Ld. Advocate for the Revisionist/Petitioner submitted citations of the Hon’ble Apex Court to the effect that Written Version cannot be accepted beyond the period of 45 days as per C.P.Act, 1986. Ld. Advocate for the Respondent firmly advocated the Hon’ble Apex Court’s cited Order relates to a case under C.P Act, 1986 and that case’s background is different. Moreover, he stated if this Revision Petition is not allowed, (W/V submission is not allowed by the O.P/Bank) irreparable loss and injury will take place for the Respondent of this R.P case.
He also promptly advocated that getting an opportunity to file W/V for being delayed for a few days margin may be condoned by the Hon’ble State Commission.
More so, when the period during which preparation of the W/V was immediately following the Covid-2019 period which was also as the Hon’ble Apex Court’s Order.
Ld. Advocate for the Respondent also submitted, which is in tune with the observation of the Hon’ble DCDRC that failure to prepare the W/V was attributable for reasons beyond the control of the O.P at the District Level and it was not done intentionally. Rather it was for want of having the copies of the document which were filed by the Complainant along with the complaint at the District Level (which was legally supposed to be served on him from the end of the Complainant). Thus, natural justice to file W/V was denied to him for no fault or latches on the Bank’s part.
The Revisionist Petitioner has moved this Hon’ble State Commission to pass Order setting aside the dated 03.06.2022 of the District Commission.
On perusal of the records of that Ld. District Commission and BNAs submitted by the parties of the Revision Petition, and regard being had to ensuring of Natural justice and listening to the submission of both the parties to the Revision Petition. We are inclined to conclude the Hon’ble District Commission did not pass any such order which tantamount to snatching away the protections to the Revision/Petitioner of this case as per C.P .Act, 2019. Rather we are of the considered view the Respondent should have the liberty to fight for his case at the District Level. Accordingly, the W/V has already been filed at the District Level on 26.07.2022. Pursuant to compliance of the impugned order dated 03.06.2022, that submission of the W/V be allowed and taken into consideration while passing of Judgment/Order of that case on payment of a cost of Rs.10,000/- (Rupees Ten Thousand only) (C.P) by the Respondent of this case (O.P at the district level) to the Revisionist/Petitioner (Complainant at the District Level).
With this Order this present Revision Petition filed by the Revisionist/Petitioner/Complainant is rejected on contest but without any order as to costs.
Respondent/O.P is directed to present their W/V before the LD. DCDRC on 21.08.2024 without fail, Ld. DCDRC is directed to accept the W/V, if filed by the sole O.P/Bank.
Thus, the Revision stands disposed of.
Interim Order, if any be vacated.
Note accordingly.
Inform all concerned including DCDRC, Rajarhat.
