State Consumer Disputes Redressal Commission
Sumant Goel vs Hdfc Bank Ltd. on 6 December, 2007
IN THE STATE COMMISSION: DELHI IN THE STATE COMMISSION: DELHI (Constituted under section 9 clause (b) of the Consumer Protection Act, 1986.) Date of decision :6.12.2007 Appeal No. A-07/766 (Arising from order dated 24.09.2007 passed by the District Forum (North), Tis Hazari, Delhi in Compliant case No. C-1068/07) Sh. Sumant Goel 3 Court Lane, Civil Lines, Delhi -110054 ..Appellant In person Versus HDFC Bank Ltd. 3902-12, Hamiltton Road, Mori Gate, Kashmeri Gate, New Delhi 110006 ..Respondent
Appeal No. A-07/767 (Arising from order dated 19.09.2007 passed by the District Forum (North), Tis Hazari, Delhi in Compliant case No. C-1022/07) Sh. Sumant Goel 3 Court Lane, Civil Lines, Delhi -110054 ..Appellant In person Versus M/s Karvy Computershares (P) Ltd.
Plot No. 17-24, Vital Rao Nagar, Madhapur, Hyderabad-500081 Unit No. 31 & 61. ..Respondent CORAM Justice J.D. Kapoor President Ms. Rumnita Mittal Member 1 Whether reporters of local newspapers be allowed to see the Judgement.
2. To be referred to the Reporter or not.
Justice J.D. Kapoor (Oral)
1. Vide impugned order dated 24.9.2007 and 19.9.2007 passed by the District Forum, the complaints of the appellant were dismissed at the admission stage. Feeling aggrieved the appellant has preferred these appeals.
2. The main grievance of the appellant is that the District Forum has not taken into consideration the facts and allegations contained in the compliants which were supported by an affidavit, nor has the District Forum referred or considered the documents annexed with the complaint.
3. The relevant provisions of law governing the admission or rejection of complaint at the stage of admission are in section 12 (3) of the C.P. Act. The grievance of the complainant can be remedied by perusing the documents filed in support as to the maintainability of the complaint before the District Forum after being heard before rejection of his complaint .
4. In the result the appeal is allowed, impugned order is set aside and matter is sent back to District Forum for deciding it afresh.
5. Appellant shall appear before the District Forum on 15th January, 2008.
6. F.D.R./ Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
7. A copy of this order as per statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to the record room.
Announced on the 6th Decedmber, 2007.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member rk