State Consumer Disputes Redressal Commission
Sh. Chattar Singh Tomar. vs H.P. State Co-Op. Bank Ltd. & Anr. on 10 May, 2016
H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
SHIMLA.
First Appeal No.: 67/2016
Date of Presentation: 17.03.2016
Date of Decision: 10.05.2016
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Chatter Singh Tomar,
Son of Shri Mundi Ram Tomar,
Resident of Village Kamroou,
Sub Tehsil Kamroou, District Sirmour,
Himachal Pradesh.
... Appellant.
Versus
1. The H.P. State Co-operative Bank Ltd.,
Branch Kamroou, Sub Tehsil Kamroou,
District Sirmour, H.P.,
Through its Branch Manager.
2. The Managing Director/Chairman,
The H.P. State Co-operative Bank Ltd.,
The Mall, Shimla-171 001.
...Respondents
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Coram
Hon'ble Mr. Justice Surjit Singh, President.
Hon'ble Mrs. Prem Chauhan, Member.
Hon'ble Mr. Vijay Pal Khachi, Member.
Whether approved for reporting?1
For the Appellant: Mr. Gaurav Sharma, Advocate.
For the Respondent: Mr. Jagat Singh Shyam, Advocate
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O R D E R:
Justice Surjit Singh, President (Oral) M.A. No.122/2016 Heard. There is delay of one hundred and twenty six days in filing the appeal. For the reasons stated in the application, we are of the view that delay in filing the appeal should be condoned. 1 Whether reporters of the local papers may be allowed to see the order? Chatter Singh Tomar Versus H.P. State Co-operative Bank Ltd. & Anr.
(F.A. No.67/2016) Hence, application for condonation of delay is allowed. Delay is condoned. Disposed of. F.A. No.67/2016
2. Admit. Present appeal is directed against the order dated 12.10.2015, of learned District Consumer Disputes Redressal Forum, Sirmour at Nahan, whereby appellant's complaint under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondents, has been dismissed, in default of his appearance.
3. It is stated in the grounds of appeal that the appellant had engaged a counsel to represent him, but the said counsel noted down the date wrongly, from the previous date and because of that reason, appellant could not put in appearance on 12.10.2015, when the impugned order was passed.
4. In view of the above stated position, appeal is allowed, impugned order set aside and complaint filed by the appellant, i.e. C.C. No.44/2012, titled Chatter Singh Tomar Versus The H.P. State Co-operative Bank & Anr., is restored to file of the learned District Forum Sirmour at Nahan.
2Chatter Singh Tomar Versus H.P. State Co-operative Bank Ltd. & Anr.
(F.A. No.67/2016)
5. Parties are directed to appear before the learned District Consumer Disputes Redressal Forum, Sirmour at Nahan on 20.05.2016.
6. A copy of the order be sent to each of the parties, free of cost, as per Rules.
(Justice Surjit Singh) President (Prem Chauhan) Member (Vijay Pal Khachi) Member May 10, 2016.
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