State Consumer Disputes Redressal Commission
Icici Bank Ltd. vs Surender Kumar Sehgal on 5 April, 2010
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 05.04.2010 Revision Petition No. RP-13/10 (Arising out of Order dated 10.12.2009 passed by the District Consumer Forum(VI), New Delhi Barracks, Kasturba Gandhi Marg, New Delhi in Complaint Case No. 779/09) ICICI Bank Ltd. Petitioner NBCC Towers, Bhishm Pitamah Marg, New Delhi. Versus Sh. Surender Kumar Sehgal Respondent R/o H.No. D-71, Ground Floor, Ram Prasth, P.O. Chander Nagar, Ghaziabad. CORAM: Justice Barkat Ali Zaidi President Sh. M.L. Sahni Member
1. Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice Barkat Ali Zaidi, President (Oral)
1. Heard the counsel for the revisionist ICCI Bank Ltd. at the Admission Stage. The District Consumer Forum declined to implead IRCTC as a party in the complaint case filed by the complainant on the request of the respondent bank, and rejected the application of the OP bank for impleadment of the IRCTC.
2. That is what brings the OP bank in revision here in this commission.
3. We have heard the counsel for the revisionist.
4. The complainant is a dominus litus. As appears from the facts of the complaint and the relief sought therein they relate to the complainant and the OP Bank, the OP cannot therefore suggest or insist that the IRCTC be impleaded as a party in the case. The controversy in the present proceedings can very well be decided effectively in its absence.
5. The District Forum was therefore justified in rejecting the application for impleadment.
6. Revision is dismissed in limine.
7. Bank Guarantee/FDR, if any furnished by the appellant, be returned forthwith.
8. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record room.
9. Announced on 5th day of April, 2010.
(Justice Barkat Ali Zaidi) President (M.L. Sahni) Member ysc