NCDRC

NCDRC

FA/307/2016

ANDHRA BANK - Complainant(s)

Versus

V. KRISHNA KUMARI & 2 ORS. - Opp.Party(s)

MR. N.P. GAUR

25 Apr 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 307 OF 2016
 
(Against the Order dated 12/02/2016 in Complaint No. 33/2015 of the State Commission Andhra Pradesh)
1. ANDHRA BANK
KURNOOL MEDICAL COLLEGE BRANCH, KURNOOL CITY, KURNOOL DISTRICT,
ANDHRA PRADESH
...........Appellant(s)
Versus 
1. V. KRISHNA KUMARI & 2 ORS.
W/O. LATE DR. PREMANANDAM, R/O. H NO. 49-50-A-100, SRI RAMA NAGAR, COLONY,
KURNOOL DISTRICT,
ANDHRA PRADESH -518 004
2. M/S. INDIA FIRST LIFE INSURANCE CO. LTD.,
REP. BY ITS MANAGING DIRECTOR, 301, B-WING, THE QUBE, INFINITE PARK, DIN DOSH-FIL CITY ROAD, MALAD (EAST)
MUMBAI-400097
MAHARASHTRA
3. M/S. INDIA FIRST LIFE INSURANCE CO. LTD.
REP BY ITS REGIONAL MANAGER, 3RD FLOOR, KREERTHI AND PRIDE TOWERS, OPP. RBS BANK NEAR TO CINIMAX,
BANJARANHILLS,
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Appellant :NEMO
For the Respondent :
For Respondent No.1 : Mr. Shravanth Paruchuri, Advocate
For Respondents No.2&3 : Mr.Bineesh K., Advocate

Dated : 25 Apr 2017
ORDER

The appeal has been filed by the appellant Andhra bank against the impugned order dated 12.2.2016 passed by the State Consumer Disputes Redressal Commission, Hyderabad (for short, ‘State Commission’) in C.C. No.33 of 2015.

          The case was listed for 19.4.2017.  However, none appeared on behalf of the appellant.  The learned counsel for respondent no.1 stated that in the interest of justice  he is ready to allow the appellant to file written statement and  the delay may be condoned subject to payment of cost as per latest judgement of Hon’ble Supreme Court in Reliance General Insurance Company Ltd. And another vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. And another [Civil Appeal No…..of 2017 (D. No.2365 of 2017) decided on 10.2.2017.  Learned counsel for respondents no.2 and 3 also did not object to this proposal.  In this judgement, Hon’ble Supreme Court has held that:

          “We consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs, and to proceed with the matter”.

 

 

         

          Though nobody is present on behalf of the appellant, in the interest of justice and relying on the above judgemnet,   the suggestion of  respondent no.1 is accepted and appeal is allowed and the order dated 12.2.2016 is set aside.  The appellant is allowed to file its written statement within a period of four weeks from today before the State Commission which shall be taken on record by the State Commission subject  to payment of cost of Rs.20,000/- (Rupees Twenty Thousand only) to be paid to the respondent no.1/complainant by the appellant before filing the written statement before the State Commission.

          The appeal stands disposed of accordingly.  Parties to appear before the State Commission on the date fixed.                                                                                 

           

 
......................
PREM NARAIN
PRESIDING MEMBER

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