Haryana

StateCommission

RP/90/2019

UNION BANK OF INDIA - Complainant(s)

Versus

KUMUD LATA SINGH AND OTHERS - Opp.Party(s)

SUMEET GARG

26 Nov 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA, PANCHKULA

 

Revision Petition No.90 of 2019

                   Date of Institution:14.11.2019

          Date of Decision:26.11.2019

 

Union Bank of India, Branch Jagadhari through its Branch Manager.

 

..…Revisionist

Versus

 

1.      Kumud Lata Singh age about 47 years W/o Gulab Singh R/o 104, Inderlok Street, Opp. Gaba Hospital, Yamuna Nagar.

 

2.      The new India Assurance Company Limited, Yamuna Nagar through its Branch Manager.

 

3.      National Payment Corporation of India, 2^nd Floor, Gulab Bhawan-6, Bhadurshash Zaraf Marg, ITO, New Delhi-110002 through its authorized representative.

…Respondents

CORAM:   Mr. Harnam Singh Thakur, Judicial Member.

                   Mrs. Manjula, Member.

 

Present:-    Shri Sumeet Garg counsel for the petitioner.

O R D E R

MANJULA, MEMBER.

 

          Opposite party No.1-Union Bank of India has filed the instant revision petition  under Section 17 (1) (b) of the Consumer Protection Act, 1986, (herein referred to as “the Act”) for challenging the order dated  30.10.2019 passed by the learned District Consumer Disputes Redressal Forum, Yamuna Nagar at Jagadhri whereby its  defence was struck off.

2.      On perusal of the impugned order it is made out that notice of the complaint was delivered upon the respondent No.1 on 16.09.2019, but, respondent did not file written statement within the statutory period of 45 days. In view of Section 13 of the Act, the defence of the petitioner was struck off by the learned District Forum.

3.      According to the petitioner its defence was wrongly struck off and in case one more opportunity was granted, the petitioner could have filed its written version.  Even on next day i.e. 31.10.2019, revisionist moved an application to correct the order dated 30.10.2019 in which period of 45 days was wrongly calculated but the same was also not entertained.  It is also submitted that the complaint is now fixed before the learned District Forum on 10.01.2020 for recording evidence of the opposite party No.2.

4.      After hearing learned counsel for the petitioner and on going through the impugned order, the State Commission finds that learned District Forum fell into error while calculating period of 45 days because notice was received by revisionist on 19.09.2019 instead of 16.09.2019 which is evident from the track report of Postal Department.  Thus, in order to avoid mis-carriage of justice and in the interest of justice one more opportunity can be granted to the petitioner to file its written version on or before the next date i.e. 10.01.2010.  No harm will be caused to the other party.  Everyone has a right to defend his own case so that the case is decided on merits.

5.      Resultantly, the revision petition is accepted, impugned order  dated 30.10.2019 passed by the learned District Forum while striking of defence of the petitioner is set aside and the petitioner is granted one more opportunity for filing the written version.  For the purpose of filing the written version, the petitioner through his counsel  shall appear before the learned District Forum, Yamuna Nagar at Jagadhri on 10.01.2020.  The order shall however be subject to costs of Rs.2,000/-  to be paid by the petitioner to complainant-Kumud Lata Singh on 10.01.2020 at the time of putting in appearance before the learned District Forum and filing its written version.

6.      This revision petition has been disposed of without issuing notice to the respondents with a view to imparting 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. In this regard, reliance can be placed on a Division Bench judgement of Hon’ble Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.

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

 

26th  November, 2019       Manjula                                             Harnam Singh Thakur

                                                Member                                             Judicial Member

 

S.K

(Pvt. Secy.)