Ajit Singh v. HDFC Bank Ltd.,

MA. No.24 of 2024

(In CC No. 297/2021)

Ajit Singh Vs HDFC Bank Ltd. & Anr.

31.12.2024 (12.45 pm)

Present: Complainant in person with Ld. Counsel Sh. Jitender Singh.

Fresh arguments heard today on pending second restoration application of

complainant, filed before this Commission on 29.11.2024, seeking restoration of the main

complaint, earlier dismissed for non-prosecution, vide order of this Commission dated

25.07.2023, due to not producing complainant evidence (C/E), on several dates of hearings. First

such application was filed before this Commission on 01.12.2023 almost on the same grounds as

mentioned in the instant application and the such first application was dismissed vide detailed

order dated 09.07.2024, giving liberty to the complainant to file fresh complaint, if so desired, as

mentioned in detail in order dated 09.07.2024. Instead of filing fresh complaint, this second

restoration application has been filed again almost on the same grounds. As revealed from case

file, from 13.12.2022 till 25.07.2023, several opportunities were given for C/E but despite that no

C/E was produced on behalf of complainant. It shows that the complainant was not sincere to

prosecute his case against the OPs before this Commission. For these reasons, we do not find any

merits in this second application also so as to restore the original complaint and hence, this

application is also dismissed being devoid of any merits, with cost of Rs.5,000/- (five thousand)

to be deposited by complainant in Legal Aid Account of this Commission within one month

from today and this cost imposed as filing this meritless application again for the same purpose

has caused loss of valuable time of this Commission. Complainant side asked not to file such

application(s) again in future for the same purpose to avoid wastage of valuable time of this

Commission in deciding such application(s). However, the complainant is at liberty to file fresh

complaint on the same cause of action, subject to law of limitation, and if so filed, the same shall

be considered sympathetically by this Commission, as per law, but only on proof of payment of

abovementioned costs. Hence, this application decided in view of this order. Let this order be

uploaded forthwith on the website of this Commission for perusal of the parties. Let copy of this

order be given to the parties, free of cost, as per rules. Case file, alongwith main complaint case,

be consigned to the record-room, as per rules, after necessary compliance.

(Veena Rani) (Shri Niwas Khundia) (Dr. Shahabuddin Khan)

Member Member President

DCDRC, Jhajjar

31.12.2024