State Consumer Disputes Redressal Commission
Hdb Financial Services Ltd. vs Md. Mostafa Ahmed on 22 May, 2023
Cause Title/Judgement-Entry BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION GUWAHATI Review Application No. RA/1/2023 ( Date of Filing : 05 Jan 2023 ) In Miscellaneous Application No. MA/21/2021 1. HDB Financial Services Ltd. 2nd Floor, Gokul Towers, Panjagutta Main Road, Panjagutta, Hyderabad-500082 2. Managing Director, HDB Financial Services Ltd. Regd. Office- Radhika, 2nd Floor, Law Garden Road,Navarangpura, Ahmedabad-380009 3. Regional Manager, HDB Financial Services Ltd. 4, Clive Raw, 3rd Floor, Kolkata-700001 4. Branch Manager, HDB Financial Services Ltd. Mezzanine 1st Floor, Disha Enclave, Arunodoi Path, G. S. Road, Christian Basti, Guwahati-781005 Kamrup(M) Assam ...........Appellant(s) Versus 1. Md. Mostafa Ahmed S/o Late Samsuddin Ahmed R/o Vill- Hirapara, P.O. & P.S.- Dhula, Pin-784146 ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT HON'BLE MR. Sushil Kumar Sarma MEMBER HON'BLE MR. Tapas Kumar Ghosh MEMBER PRESENT: Mr. M. Sharma, Advocate for the Appellant 1 Mr. K. Rahman, Advocate for the Respondent 1 Dated : 22 May 2023 Final Order / Judgement
Heard Mr. M. Sharma, learned counsel, for the applicant. Mr. Sharma has submitted the postal track report against which notice was sent to the sole opposite party and in terms of the said notice, Mr. K. Rahman, learned counsel, has entered appearance on behalf of the sole opposite party by filing Vakalatnama.
Mr. Rahman on a specific query replied that considering the prayer made in this review application he has no objection. In view of the same we are reverting to the contents in this application purportedly filed and registered as Review Application read with Order IX Rule 4 of CPC for restoration of the proceeding in M.A. 21/2021in F.A. 19/2021. The impugned order dated 01-12-2022 is sought to be reviewed in the light of Order IX Rule 4 of CPC by which the said application was dismissed for default on the part of the present applicant. In order to support the cause for non appearance on 1-12-2022 of any counsel on behalf of the present applicant, Mr. Sharma fairly submits that the counsel assisting him failed to present himself before this Commission while taking up the matter for hearing due to which the impugned order was passed. In addition to that in the cause list dated 1-12-2022 it was notified that the hearing matter would not be taken up an as M.A. 21/2021 was fixed for objection hearing, the conducting counsel upon bonafide impression that the said notification of non taking up hearing matters, would cover the said objection hearing in M.A. 21/2021. Considering the submission of Mr. Rahman we accordingly inclined to allow this application thereby recalling the order dated 01-12-2022.
This Review Application stands disposed .
In view of the order passed today, M.A. 21/2021 is restored back to file and shall be listed for objection hearing on 20-06-2023. [HON'BLE MR. JUSTICE Prasanta Kumar Deka] PRESIDENT [HON'BLE MR. Sushil Kumar Sarma] MEMBER [HON'BLE MR. Tapas Kumar Ghosh] MEMBER