Delhi

StateCommission

RP/38/2016

CITIFINANCIAL CONSUMER FINANCE INDIA LTD. - Complainant(s)

Versus

VINOD KUMAR & ANR. - Opp.Party(s)

08 Apr 2016

ORDER

IN THE STATE COMMISSION: Delhi

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 08.04.2016

 

Revision Petition- 38/2016

 

 

        In the Matter of:

 

             CitiFinance Consumer Finance India Ltd.

            (now known as Citicorp Finance (India) Ltd.

             3, Local Shopping Complex,

             Pushp Vihar,

             New Delhi-110062

               

……Petitioner     Versus       1. Vinod Kumar     S/o Late Sh. Chandgi Ram     R/o 1/6126, Street No. 2,     East Rohtash Nagar,     Shahdara, Delhi       2. Sangeeta Devi     W/o Vinod Kumar     R/o 1/6126, Street No. 2     East Rohtash Nagar,     Shahdara, Delhi       3. D.C.B. Bank Ltd.     Peninsula Business Park,     Tower-A, 9th Floor,     Senapati Bapat Marg,     Lower Parel, Mumbai-400013                                                                              …….Respondents

CORAM

Justice Veena Birbal, President

  Salma Noor, Member

1.   Whether reporters of local newspaper be allowed to see the   judgment? 

2.   To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

1.             In this petition prayer is made for recalling of order dated 25.08.2015 passed by the  District Consumer Disputes Redressal Forum, North-East, Nand Nagri, in complaint case No. 151/2015 whereby the petitioner/OP has been proceeded ex-parte.

2.             The Ld. counsel for the petitioner submits that the Ld. District Forum has wrongly observed in the impugned order dated 25.08.2015 by recording that the petitioner/OP-1 were served on 30.05.2015. It is submitted that the petitioner/OP-1 was never served before the Ld. District Forum and for the said reason the petitioner/OP-1 could not enter into appearance on 25.08.2015 before the Ld. District Forum. It is submitted that a great prejudice shall be caused to petitioner/OP- 1 if the impugned order is not recalled and the petitioner/OP-1 is not given an opportunity to defend the case on merits. It is stated that even in impugned order dated 25.08.2015 it has been wrongly recorded that nobody had appeared on behalf of petitioner/OP-1 on the last date of hearing. It is stated that on the last date of hearing i.e. on 03.07.2015  before the Ld. District Forum, notice sent to petitioner/OP-1 was not received back. It is further submitted that petitioner/OP-1 had come to know for the first time on 03.12.2015 that a consumer complaint had been filed against it through one of its counsel i.e. Sh. Rustam Singh who was incidentally present in the forum for some other matter on 02.12.2015. The said counsel had informed the counsel for the petition and enclosed by way of e-mail a copy of the complaint as well as uncertified copy of the order dated 02.12.2015.

3.             Ld. counsel for the respondents/complainants initially opposed the petition. However, after some arguments, she has stated that she has no objection if the impugned order is set aside subject to costs.

4.             We have considered the submissions made as well as gone through the reasoning given for non appearance which is supported with affidavit of the authorized signatory of the petitioner.

5.             The stand of the petitioner/OP-1 is that the notice of the complaint was never served upon the petitioner/OP-1.

6.             Nothing contrary has been pointed out on behalf of the respondents/complainants nor anything is placed on record by which it can be said that petitioner/OP-1 was served before the Ld. District Forum.

7.             No one has appeared on behalf of respondent-3 despite being served.

8.             In view of the reasoning given as well as no objection given by the respondents/complainants, we allow this petition and set aside the order dated 25.08.2015, subject to costs of Rs. 5000/-.

9.             It is stated that the next date before the Ld. District Forum is 18.07.2016.

10.            On the said date the petitioner/OP-1 shall appear before the Ld. District Forum and pay the costs to the respondents/complainants and thereafter the Ld. District Forum shall proceed further in the matter in accordance with law.

                 A copy of this order be sent to the parties as well as to District Forum for necessary information.

                File be consigned to record room.

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member