Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member
None for the appellant is present. Adv. Mr Vandan Gadkar for the respondent – Bank is present.
1. This appeal is filed by the original complainant whose complaint was dismissed by District Consumer Forum, Buldhana by judgment dtd.13.07.2000 in Consumer Complaint CC/99/322.
2. This appeal is filed alongwith an application as per Section-5 of Indian Limitation Act, for condonation of delay. There is a delay of 6 moths in fling this appeal. Appellant has mentioned in Para 2 of the said application that she had received the copy of impugned order on 20.07.2000 and the appeal should have been filed on or before 19.08.2000 but appeal came to be filed on 23.02.2001 since, on that day the application has been signed.
3. The delay of 6 months in filing the appeal is not properly explained by the applicant. The ground for the delay as mentioned in Para 2 is that due to some unavoidable circumstances, the applicant could not contact with her counsel as such she was not having knowledge regarding legal proceeding and therefore the delay is caused. It is well settled law that if a person not knowing the provision of law he cannot be excused. Therefore, no person can be permitted to take benefit of ignorance of Law.
4. No other ground is mentioned in the condonation delay application filed by the applicant / appellant – Smt Nalini Deshmukh. Therefore, we are not inclined to condone the delay on the abovesaid ground. As such delay condonation application is dismissed. Consequently, the appeal does not survive for consideration.
5. Even on merit, we are finding that the appellant is having no case.
6. Appellant / complainant had applied for loan with the respondent / o.p. – Bank. But bank did not sanction the loan since it was found that the complainant had not paid the outstanding loan amount of Jivan Vikas Nagari Pat Sanstha Maryadit. As such, the Forum dismissed the complaint holding that there was no deficiency on the part of o.p.- Bank and there is no unfair trade practice on the part of Bank.
7. Under the circumstances, we find no substance in the appeal and the Forum has rightly dismissed the complaint. Hence we pass the following order:-
ORDER
1. Appeal stands dismissed.
2. No order as to cost.
3. Copy of the order be supplied to the parties.
Pronounced on 13.07.2011.
