Chandigarh

StateCommission

RP/18/2016

Standard Chartered Bank - Complainant(s)

Versus

Tirlochan Singh - Opp.Party(s)

Kabir Chopra, Adv.

01 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Revision Petition No.	:	18 of 2016
Date of Institution	:	01.06.2016
Date of Decision	:	01.07.2016

 

 

Standard Chartered Bank through its Manager/Branch Manager situated at SCO Number 137-138, 1^st Floor, Sector 9C, Madhya marg, Chandigarh.

……Petitioner/Opposite Party No.1.

Versus

Tirlochan Singh S/o Shingara Singh resident of House Number 941, Phase 11 (Sector 65), Tehsil Mohali, District S.A.S. Nagar.

…. Respondent/complainant.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh. Kabir Chopra, Advocate for the Revision Petitioner/Opposite Party No.1.

Sh. Varinder Arora, Advocate for the respondent/complainant.

 

 

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

 

 

(ORAL)

 

            This revision petition has been filed against order dated 11.5.2016 vide which exparte proceedings were ordered against the Revision Petitioner/Opposite Party No.1 by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’).

2.         It is on record that the Revision Petitioner has put in appearance before the Forum on 28.04.2016 and sought time to file reply and evidence. The matter was adjourned to 11.05.2016 for the said purpose.  On the said date, it is stated by Counsel for the Revision Petitioner that he, on account of heavy traffic reached late in the Forum and by that time, exparte proceedings had been ordered. The matter is now fixed on 08.07.2016 for filing reply  and  evidence of Opposite Parties No.2 & 3.

3.         Above fact clearly demonstrates that nothing substantial has been done in the case and no harm will be caused in case, an opportunity is granted to the Revision Petitioner/Opposite Party No.1 also to file reply and evidence on the said date. Counsel for the Revision Petitioner undertakes to file reply and evidence on 08.07.2016 on behalf of Opposite Party No.1.

4.         In view of above, this Revision Petition is allowed. The order dated 11.05.2016, under challenge, to the extent ordering exparte proceedings against the petitioner is set aside. One opportunity is granted to the Revision Petitioner/Opposite Party No.1 to file reply and evidence on 08.07.2016, failing which, no further opportunity shall be granted and the      order dated 11.05.2016 deemed to have been affirmed by this Commission.

5.         Liberty is granted to the Revision Petitioner/Opposite Party No.1 to file reply and evidence even before the said date by moving an application.

6.         Order passed is subject to payment of Rs.1,000/- as cost. Let that amount be paid by the Counsel for the Revision Petitioner/Opposite Party No.1 to the Counsel for respondent/complainant on the date fixed before the Forum.

7.         Parties are directed to appear before the Forum concerned on 08.07.2016.

8.         Certified copies of this order be sent to the parties, free of charge.

9.         Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

10.        File be consigned to the Record Room after completion.

Pronounced

July  01, 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/Rb