KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAD, THIRUVANANTHAPURAM
IA.1251/10 in FIRST APPEAL 561/10
ORDER DATED: 1.11.2010
PRESENT
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
SRI.S.CHANDRAMOHAN NAIR : MEMBER
Kotak Mahindra Bank Ltd., : PETITIONER
Shop.No.58,59 Shree Complex,
Bhavani Housing Co-operative Society Ltd.,
T.Block,
Banashankari 4th Stage Bangalore,
Rep.by its Manager.
(By Adv.R.Suja)
Vs.
1. C.H.Abdulla Kunhi, : RESPONDENTS
S/o Aboobaker Haji,
Chapady House, Edneer(PO)
Kasargode.
2. M/s Oriental Insurance
City Point Building,
Press Club Junction,
M.G.Road, Kasargode,
Rep. by its Manager.
ORDER
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
The appellant is the 1st opposite party/Kotak Mhindra Bank Ltd. in CC.22/10 in the file of CDRF, Kasargod. The petitioner/appellant has sought for condoning the delay of 103 days. The reason mentioned in the affidavit filed by the Deputy Manager – Recovery, Kotak Maruti Bank Ltd. is that the notice was received by the company in its office at
Bangalore and at the branch office at Palakkad. The Manager of the Palakkad branch was directed to take actions in the matter. The Manager of the branch office at Palakkad was transferred and the above notice; and the complaint copies were misplaced.
2. We find that the delay is of 103 days. Further it is seen that the appellant was ex-parte in the proceedings before the Forum. The petitioner/appellant is a financial institution having branches all over India. It is expected that departments of the appellant is functioning properly especially being a financial institution. The Forum and the complainant could not be burdened for the inefficiency on the part of the appellant. We find that the reasons mentioned for condoning the delay is hardly sufficient.
In the result the delay condonation petition is dismissed. Hence the appeal is also dismissed.
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
SRI.S.CHANDRAMOHAN NAIR : MEMBER
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