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State Consumer Disputes Redressal Commission

Hdfc Bank Ltd. vs Ashish Kulshreshtha And Other on 11 April, 2018

  	 Daily Order 	   

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

 

 

                                                 

 

Revision Petition No.    28 of 2018

 

Date of Institution:       12.03.2018

 

Date of Decision:         11.04.2018

 

 

 

 

 

HDFC Bank Limited, SCO No.850, NAC Manimajra, Chandigarh.

 

 

 

.......Petitioner-Opposite Party No.2

 

 

 

Versus

 

 

 

1.      Ashish Kulshreshta son of Shiv Kumar Kulshreshtha, resident of House No.642, IInd Floor, Sector-8, Panchkula.

 

 

 

 

 

                   ......Respondent No.1-Complainant

 

 

 

2.      Panchkula Roller Flour Mills Limited, through its Managing Director, 79, Industrial Area, Phase-I, Panchkula.

 

 

 

3.      M/s PayU Payments Private Limited, 9th Floor, Bestech Business Tower, Sohna Road, Sector-48, Gurugram.

 

 

 

4.      Egras Haryana, 2nd Floor, 30 Bays Building, Sector-17C, Chandigarh.

 

 

 

5.      Haryana State Transport Department, through Regional Transport Officer, Panchkula, 1st Floor, Bus Stand, Sector-5, Panchkula.

 

 

 

......Respondents No.2 to 5-Opposite Parties No.1 & 3 to 5

 

 

 

 

 

 

 

CORAM:   Hon'ble Mr. Justice Nawab Singh, President.

 

                   Shri Balbir Singh, Judicial Member.
 

Present:     Shri Sumit Narang, proxy counsel for Shri Sunil Narang, counsel for the petitioner.

 

O R D E R     NAWAB  SINGH, J. (ORAL)   The instant revision petition has been filed by HDFC Bank Limited, Manimajra, Chandigarh-opposite party No.2 (Bank) against the order dated December 11th, 2017 passed by District Consumer Disputes Redressal Forum, Panchkula (District Forum) whereby Bank was proceeded ex parte. 

2.      Learned counsel for the Bank has urged that Clerk of counsel representing the Bank wrongly noted the date January 11th, 2018 instead of December 11th, 2017 due to which nobody appeared on behalf of the Bank and the Bank was proceeded ex parte. The next date of hearing before the District Forum is April 11th, 2018.  

3.      It is always better to decide the matter on merits. Ends of justice would be met if an opportunity is granted to the Bank to file written version and contest the complaint.   Accordingly, this revision petition is accepted and the impugned order is set aside. The Bank is accorded opportunity to file written version and join the proceedings.

4.      This revision petition is disposed of without issuing notice to the respondents with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter.  Reliance can be placed on a Division Bench Judgment of Hon'ble Punjab and Haryana High Court rendered in  Batala  Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27th, 2002.

5.      The Bank is directed to appear before the District Forum, on April 11th, 2018, the date already fixed.

6.      Copy of this order be sent to the District Forum.     

         

Announced 11.04.2018 (Balbir Singh) Judicial Member (Nawab Singh) President   (D.R.)