NCDRC

NCDRC

RP/1802/2012

HDFC BANK LTD. - Complainant(s)

Versus

VICKY MALHOTRA - Opp.Party(s)

MR. RISHAB RAJ JAIN

17 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1802 OF 2012
 
(Against the Order dated 29/02/2012 in Appeal No. of the State Commission Punjab)
1. HDFC BANK LTD.
Having its Branch Office at Sutehri road, Opp Hotel Maharaja
Hoshiarpur - 146001
Punjab
...........Petitioner(s)
Versus 
1. VICKY MALHOTRA
S/o Shri Krishna Lal R/o House No - 384 Mohalla Bahadurpur
Hoshiarpur - 146001
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. RISHAB RAJ JAIN
For the Respondent :NEMO

Dated : 17 May 2012
ORDER

Petitioner/opposite party was ordered to be proceeded ex parte by the District Forum.  Petitioner moved an application for review/recall of the order which was dismissed by observing that the District Forum had not power to review/recall its own order.

Bye-passing the statutory remedy of filing the appeal before the State Commission, petitioner has filed the present revision petition before this Commission.

        Counsel for the petitioner contends that no useful purpose would be served in filing the appeal before the State Commission, as the State Commission also does not have the power to review/recall the order passed by the District Forum directing ex parte proceedings against the petitioner.  State Commission, while sitting in appellate jurisdiction, does not review/recall either the order passed by it or the order passed by the District Forum.  It exercises its appellate jurisdiction under which it can pass any order deemed fit.

        Petitioner cannot, bye-passing the remedy of filing the appeal before the State Commission, file the revision petition before this Commission challenging the order of the District Forum.

        Revision petition is dismissed as withdrawn reserving liberty with the petitioner to file the appeal before the State Commission.  In case, the petitioner files the appeal within 3 weeks from today, State Commission is directed to entertain the same without objection to limitation.  Order dasti.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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