CANARA HSBC ORIENTAL BANK OF COMMERCE LIFE INSURANCE COMPANY LIMITED Vs. MOHD ALI KHAN
Canara Hsbc Oriental Bank Of Commerce Life Insurance Company Limited
MOHD ALI KHAN
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C Viswanath,J. -
(1.) This Appeal is filed against the order dated 05.02.2020 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (in short "the State Commission) in CC/263/2017, whereby the State Commission dismissed the application filed by the Appellant/Opposite Party for taking on record written statement filed by it and listed the mater for further proceedings on 05.06.2020. State Commission observed as follows: -
"Hon'ble National Commission in its order dated 13.01.2020, while dismissing the review application has ordered that
"The Order dated 17.12.2019 stands as it stood." Hence, under this circumstance, it is not possible to understand other meaning by State Commission in the order passed by Hon'ble National Commission. List for date already fixed for further proceedings on 05.06.2020."
(2.) The only issue in this Appeal relates to foreclosure of right of the Opposite Party to file written statement. The merits of this case, therefore, need not be discussed. Initially State Commission, vide order dated 03.10.2017 foreclosed the right of the Opposite Party with following observation: -
"The lawyer advocates present on behalf of the Complainant. Nobody is present from the opposite Party. Notice was sent to the opposite Party by registered post dated 18.8.17 which has not been returned as undelivered. Hence the notice on the opposite Party is considered delivered. The proceedings will be heard unilateral while ending the opportunity of written statement. Date 8.1.2018 for filing of evidence by Complainant."
(3.) Opposite Party challenged the said order of the State Commission by filing First Appeal No.2371/2017 before this Commission. This Commission, vide order dated 17.12.2019 set aside the order passed by this State Commission and allowed the Opposite Party/Appellant one more opportunity to file its written statement before the State Commission within 30 days from the date of order subject to payment of Rs.75,000/- to the Complainant. Order dated 17.12.2019 reads as follows: -
"5. In the interest of justice, and for holistic and comprehensive adjudication of the case on merit in the forum of original jurisdiction, the impugned Order dated 03.10.2017 of the State Commission is set aside. The Appellant - Opposite Party is allowed one (more) opportunity to file its written version before the State Commission within 30 days from today, subject to suitable/just terms/cost of Rs. 75,000/- to be paid by the Appellant - Opposite Party to the Respondent - Complainant directly in his name by way of 'payee's a/c only' demand draft within the same period of 30 days from today.
6. The Appellant - Opposite Party is sternly advised to conduct its case professionally before the State Commission. 7. Both sides are directed to appear before the State Commission on 25.02.2020.
8. The State Commission is requested to take the written version of the Opposite Party on record, if duly filed within the period stipulated above, subject to the above-mentioned cost being duly paid within the period stipulated above, to give opportunity to the Complainant to file his rejoinder thereto, and to proceed further with the adjudication of the case in the normal wont as per the law.
9. The Registry is directed to send a copy of this Order to the State Commission within seven days. 'Dasti', in addition, to facilitate timely compliance." ;
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