- (1.) The revisional application under 227 of the Constitution of India has been directed by the appellants/petitioners HDFC Bank Limited against the Opposite Parties challenging the Order No.5 dated 31st October, 2011 passed by the State Consumer Disputes Redressal Commission West Bengal in S.C. Case No. FA/151/2011 by which the exparte order passed by the Consumer Disputes Redressal Forum Uttar Dinajpur at Raiganj in Consumer Complaint No.44 of 2010 dated 7.12.2010 has been affirmed.
(2.) Fact of the case, in brief, is that the opposite party No.1 obtaining loan of Rs.7,23,434/- repayable in 47 equal monthly installments purchased truck No. WB 73A 6689. The Opposite Party No.1 in terms of the loan agreement, which expired due to an efflux of time on April 01, 2009 paid only the first 43rd installments and neglected to pay the rest which fallen due during the period from 01.01.2009 to 01.04.2009. The petitioner bank issued notice dated 13.01.2010 asking the Opposite Party to pay the balance amounting to Rs.1,01,192/- failing which the petitioner would take possession of the vehicle in terms of the default clause of the agreement, and, while the petitioner on taking possession of the subject vehicle issued notice to sell on auction on failure to satisfy the dues the Opposite Party No.1 filed the petition of complaint under Section 12 of the Consumer Protection Act, 1986 before Uttar Dinajpur Consumer Disputes Redressal Forum.
(3.) The petitioner in compliance of the notice received from the District Forum appeared on 29th September, 2010, took time to file written version on that date and also on the following day. It is averred supported by affidavit that by order dated 28th October, 2010 next date of the case was fixed by the Forum on November 8, 2010 which was declared holiday due to sudden demise of the former Chief Minister of West Bengal late Siddartha Sankar Ray and the record being put up on November 9, 2010 next date of the case was fixed on 16.11.2010, and, as no steps taken on behalf of the revisionist on 16.11.2010, the case was posted on 30.11.2010 for ex-parte hearing and ex-parte affidavit-in-Chief having been filed on 30.11.2010 the impugned ex-parte order was passed by the District Forum on 07.12.2010.;