Ordersheet

T A 03/2021

8.11.2021

Before:

Hon'ble Mr.Justice Banwari Lal Sharma-President

Hon'ble Mrs. Shobha Singh -Member

This transfer application is filed by the applicant HDFC Bank on the ground that Kishan Lal Salvi non-applicant complainant is working in District Consumer Commission ,Chittorgarh as LDC. At some time he performs duty of reader also when reader avails leave. He submits that since complainant himself is working in District Consumer Commission Chittorgarh where complaint no. 39/2020 (Kishanlal Salvi Vs. HDFC Bank) is pending and he (complainant) also pressurized the opposite party for compromise and threatens that if opposite party fails to compromise the matter, he will get favourable order.

Notice was issued to non-applicant complainant but he did not appear and sends letter repeatedly. Comments was also sought from the President District Consumer Commission,Chittorgarh wherein it was mentioned that ex-parte order was passed before his joining date. However, it is admitted that whenever reader avails leave some times Kishanlal Salvi performs the work of reader.

We have considered the submissions made by Mr.A.R.Tantia learned counsel for the appellant and went through the comments sent by the President, District Consumer Commission,Chittorgarh.

2

It is settled position that justice not only be done but should be seems to be done. Since non-applicant is working in District Consumer Commission where his own complaint is pending therefore, we deem it proper to transfer complaint case no. 39/2020 (Kishanlal Salvi Vs. HDFC Bank) from District Consumer Commission,Chittorgarh to District Consumer Commission, Udaipur after withdrawing it from District Consumer Commission,Chittorgarh.

President,District ConsumerCommission,Chittorgarh is directed to send the record of the case to learned District Consumer Commission,Udaipur after informing the dates to the parties for appearing before District Consumer Commission,Udaipur.

The transfer application is allowed.

Copy of this order be sent to District Consumer Commission,Chittorgarh as well as District Consumer Commission, Udaipur.

Member President