State Consumer Disputes Redressal Commission
State Bank Of India vs Uma Shankar on 4 February, 2020
Daily Order M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 1638 OF 2013 (Arising out of order dated 28.06.2013 passed in C.C.No.52/2011 by District Forum, Shahdol) STATE BANK OF INDIA & ORS. ... APPELLANTS Versus UMASHANKAR SINGH. ... RESPONDENT. BEFORE: HON'BLE SHRI JUSTICE SHANTANU S. KEMKAR : PRESIDENT
HON'BLE SHRI S. S. BANSAL : MEMBER O R D E R 04.02.2020 Shri Yash Vidyarthi, learned counsel for the appellants. Shri Deepesh Shukla, learned counsel for the respondent. As per Shri Justice Shantanu S. Kemkar :
This appeal arises out of order dated 28.06.2013 passed by the District Consumer Disputes Redressal Forum, Shahdol (for short 'Forum') in C.C.No. 52/2011.
2. Heard learned counsel for parties on IA-3, application under Order 41 Rule 27 of CPC along with documents, filed by the appellants.
3. Learned counsel for appellants submits that the said documents could not be filed before the Forum and that the said documents are necessary to be taken on record for fair adjudication of the dispute.
4. On the other hand, learned counsel for the respondent submits that the documents are filed belatedly and if the documents are taken on record, cost may be imposed on appellants for not filing the same diligently.
5. We have heard learned counsel for parties. Having gone through the documents we find that the same are necessary to be taken on record for fair adjudication of the complaint. In the circumstances, we allow the application, however, subject to payment of cost of Rs.3,000/- to be paid by the appellants to the respondent. Subject to payment of cost documents be taken on record by the Forum.
6. In the result, the impugned order is set-aside.
6. Copy of application and documents be sent to the District Forum along with record of the Forum and copies be kept in the record. The Forum is expected to decide the case as expeditiously as possible.
-2-7. Parties are permitted to file additional evidence in support of their respective claim.
8. With the aforesaid observations and directions, the impugned order is set-aside. The appeal stands disposed of.
(Justice Shantanu S. Kemkar) (S. S. Bansal) President Member