NCDRC

NCDRC

RP/676/2010

ICICI BANK LTD. - Complainant(s)

Versus

DIBYASINGHA BEHERA - Opp.Party(s)

M/S. KAPOOR & CO.

19 Mar 2010

ORDER

Date of Filing: 05 Feb 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/676/2010
(Against the Order dated 04/11/2009 in Appeal No. 863/2009 of the State Commission Orissa)
1. ICICI BANK LTD.Legal Manager, ICICI Bank Ltd., Block E 1, Videocon Tower, Jhandewalan ExtnNew Delhi - 55Delhi ...........Appellant(s)

Vs.
1. DIBYASINGHA BEHERAAt:- Mundideuli Po/PS: KamakhyanagarDhenkanal ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 19 Mar 2010
ORDER

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The petitioner had filed the appeal before the State Commission after a delay of 11 months and 28 days which was over and above the period of 30 days statutorily given for filing the appeal.  The State Commission dismissed the application for condonation of delay and consequently, the appeal as barred by time.  Under the Consumer Protection Act, 1986 on filing of a complaint the District Forum or the State Commission is required to decide the same within


-2-

90 days where no evidence is to be led and in cases where evidence is to be led, the same has to be decided within 150 days from the date of its filing.  Consumer foras are supposed to decide the cases in a summary manner.  The delay of one year could not be condoned without showing sufficient cause.  We agree with the view taken by the State Commission.  Dismissed.  



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER