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State Consumer Disputes Redressal Commission

Sh. Chander Sain. vs M.D. H.P. State Co-Operative Bank. & ... on 7 March, 2022

    H. P. STATE CONSUMER DISPUTES REDRESSAL
                COMMISSION SHIMLA.

                                      Revision Petition No.:                   80/2019
                                      Date of Presentation:                  03.12.2019
                                      Date of Decision:                      07.03.2022
.................................................................................................................

Sh. Chander Sain S/o Sh. Mal Chand, R/o Village and P.O.
Chagaon, Tehsil Nichar, District Kinnuar, H.P. presently resident at
C/o Surja Devi, Nikhil Niwas, Upper Chalonthi, Sanjauli, Shimla-
171006, H.P
                                                                         .......... Petitioner
                                            Versus

1. Managing Director, H.P. State Co-Operative Bank, The Mall,
       Shimla.
2. The National Insurance Company Ltd. Through its Divisional
       Manager, Circular Road, Shimla, H.P.
3. The National Insurance Company Ltd. Through its Branch
       Manager, Highway Service Station, Village Chuhabag, P.O.
       Khaneri, Tehsil Rampur, District Shimla, H.P.
                                                                   .......... Respondents.
....................................................................................................................

Coram

Hon'ble Justice Inder Singh Mehta, President
Hon'ble Mr. R.K. Verma, Member.

Whether approved for reporting?1 For Petitioner: Mr. H.C. Sharma, Advocate. For Respondent No.1: Mr.Virender Sharma, vice Mr.Amrinder Singh Nagraik, Advocate For Respondents No.2&3: Sh.Jagdish Thakur, Advocate. ................................................................................................... 1 Whether Reporters of the local papers may be allowed to see the order? Sh.Chander Sain Vs. M.D. H.P. State Co-Operative Bank & Ors. R.P. No.80/2019 Justice Inder Singh Mehta, (Oral) O R D E R:

Present revision petition is preferred against the order dated 18.07.2019 of learned District Forum, Shimla whereby, evidence of the complainant/revisionist was closed.

2. Learned counsel of the petitioner submitted that petitioner could not adduce evidence before the Forum below due to hardship faced by him in the particular region and submitted that the impugned order dated 18.07.2019, wherein evidence of the petitioner has been closed, be set aside.

3. On the other hand, learned counsel of the respondents vehemently opposed the contention of the learned counsel of the petitioner and pointed out that eight adjournments have been given to the petitioner to adduce evidence, but despite sufficient opportunities being given, the petitioner failed to adduce evidence.

4. We have perused the revision petition as well as records.

5. The reasons stated in the revision petition could be settled with costs. In these circumstances, costs of Rs.3,000/- (Three thousand) is imposed and subject to payment of costs, order dated 18.07.2019 is set aside.

6. The parties are directed to appear before the District Forum below on 22.03.2022. One last opportunity is given to 2 Sh.Chander Sain Vs. M.D. H.P. State Co-Operative Bank & Ors. R.P. No.80/2019 petitioner to adduce evidence before the District Forum below on the date fixed.

7. A copy of the order be sent to each of the parties, free of cost, as per Rules. Certified copy of order be sent to learned District Commission forthwith and file of State Commission be consigned to record room after due completion.

Justice Inder Singh Mehta President R.K. Verma Member 07.03.2022 Manoj 3