West Bengal

StateCommission

RP/225/2017

Kotak Mahindra Bank Ltd. - Complainant(s)

Versus

Uday Sankar Roy and Ratan Roy - Opp.Party(s)

Mr. Shibnath Bhattacharya

18 Mar 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/225/2017
( Date of Filing : 09 Oct 2017 )
(Arisen out of Order Dated 18/09/2017 in Case No. Complaint Case No. CC/275/2017 of District Kolkata-II(Central))
 
1. Kotak Mahindra Bank Ltd.
Regd. office at 36-38A, Nariman Bhavan, 227, Nariman Point, Mumbai - 400 021.
...........Appellant(s)
Versus
1. Uday Sankar Roy and Ratan Roy
Block C -13, 1st Floor, 1661, Naskarhat, Tagore Park, Kolkata - 700 039, West Bengal.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Petitioner:Mr. Shibnath Bhattacharya, Advocate
For the Respondent: Mr. P. K. Giri., Advocate
Dated : 18 Mar 2019
Final Order / Judgement

Sri Shyamal Gupta, Member

Revision is preferred against the Order dated 18-09-2017 of the Ld. District Forum, Kolkata-II (Central), passed in CC/275/2017.

Short case of the Revisionist is that on 18-09-2017, due to heavy traffic congestion, its Ld. Advocate could not reach the Ld. District Forum in time resulting which the WV could not be filed on that day when the matter was taken up by the Ld. District Forum and therefore, the matter was fixed for ex parte hearing.  Accordingly, it prayed for setting aside the impugned order.

Having heard both sides and after going through the order sheets from the Confonet website as well as documents on record, it transpires that the notice was served upon the Revisionist on 04-08-2017.  However, till the date of impugned order, i.e., on 18-09-2017, the Revisionist did not file WV; thereby breached the statutory time limit of filing WV within 30 days of receipt of notice.  We, accordingly, find negligence on the part of the Revisionist.

In any case, in the interests of natural justice, we allow the Revision subject to payment of a cost of Rs. 1,000/- to the Respondent/Complainant by the Revisionist.  Parties to appear before the Ld. District Forum on 18-04-2019 for payment of cost.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.