R/48/2020
Bank of Baroda V/s Vinay Shankar Rai and another
26-11-2020
Learned Counsel Sri Anil Kumar Mishra appeared for revisionist and moved amendment application to implead Smt. Sweta Rai as opposite party No.02 in revision petition.
Smt. Sweta Rai is opposite party No.02 of complaint. Therefore, her impleadment in revision petition is necessary for proper disposal of revision petition.
In view of above application is allowed. Let amendment be incorporated in revision petition today.
President Member Member
GY VS
ORAL
R/48/2020
Bank of Baroda V/s Vinay Shankar Rai and another
26-11-2020
Amendment allowed vide above order was incorporated in revision petition.
Learned Counsel Sri Anil Kumar Mishra appeared for revisionist.
We have heard learned Counsel for the revisionist.
It is contended by learned Counsel for the revisionist that the impugned order passed by District Consumer Commission is without jurisdiction and against law.
It is further contended by learned Counsel for the revisionist that the proceeding under SARFAESI Act 2002 is pending for recovery of loan in question. Therefore, the complaint is not maintainable under the Consumer Protection Act.
It is further contended by learned Counsel for the revisionist that the impugned order has been passed exparte without affording opportunity of hearing to revisionist.
We have considered the submission made by learned Counsel for the revisionist.
The impugned interim order has been passed by District Consumer Commission in absence of revisionist and without affording opportunity of hearing to him.
Considering all facts and circumstances of the case we are of the view that the revisionist should be given opportunity to file objection before District Consumer Commission and the District Consumer Commission should pass order in accordance with law after affording opportunity of hearing to both parties. It further appears proper that till disposal of objection filed by revisionist before District Consumer Commission, no coercive steps should be taken against revisionist.
Revision petition is disposed of finally as above with liberty to revisionist to file objection before District Consumer Commission within 30 days from today. If objection is filed before District Consumer Commission by revisionist, the District Consumer Commission shall pass appropriate order in accordance with law after affording opportunity of hearing to both parties within 30 days from the date on which objection was filed.
It is further provided that no coercive steps shall be taken against revisionist for securing execution of impugned order till objection filed by the revisionist within above stipulated period is disposed of as directed above.
President Member Member
GY VS
Pnt.
