HDFC BANK LTD Vs. RICHA GANDHI & ANR

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 18-11-2016, passed by the Punjab State Consumer Disputes Redressal Commission (hereinafter referred as "the State Commission") in First Appeal No.450 of 2016, HDFC Bank Ltd. Vs. Richa Gandhi & Anr., vide which, while dismissing the appeal, the order passed by the District Consumer Disputes Redressal Forum, Mohali (hereinafter referred as "the District Forum") in Consumer Complaint No.16 of 2016, was upheld. The District Forum had passed their order proceeding ex parte against the petitioner-HDFC Bank. In the impugned order, the State Commission upheld the order of the District Forum, proceeding ex parte against the petitioner and dismissed the appeal. The merits of the case have not been discussed in the order of the State Commission.

(2.) The learned counsel for the petitioner-HDFC Bank stated that the order proceeding against them ex parte passed by the consumer fora below have resulted in grave injustice towards them. In fact, the complainant/respondent no.1 had herself surrendered the vehicle in question which had since been sold by the Bank. Even after selling the said vehicle, certain amount was recoverable from the complainant. The learned counsel stated that the matter should be remanded to the State Commission for hearing the same on merits and take a decision.

(3.) The complainant/respondent no.1 who appeared in person opposed the version given by the learned counsel for the petitioner, saying that the Bank had rightly been proceeded against ex parte by the District Forum and an appeal against the said order had been rightly dismissed vide impugned order by the State Commission.