BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: ATHYDERABAD.
F.A.No.768 OF 2009 AGAINST C.C.NO.83 OF 2009 DISTRICT CONSUMER FORUM-IIIHYDERABAD
Between
The Manager,
HDFC Bank Ltd.,
Dr.No.6-1-73, Lakdi Ka Pool,
Hotel Ashoka Complex
Hyderabad
K.Narayana Prakash S/o K.Yellaiah
aged about 55 yrs, Occ: Rtd. Employee
R/o H.No.8-80, Isnapur X Roads,
Patancheru, Medak District. Respondent/complainant
Counsel for the Appellant
Counsel for the Respondents
QUORUM: SRI R.LAKSHMINARSIMHA RAO, HON’BLE MEMBER
THURSDAY THE FIFTH
Oral Order ( As per R.Lakshminarsimha Rao, Member)
1. `31,440/- extended by the appellant Bank. `1442/- per month.
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7. `1442/- per month.
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13. In “State Bank of India Vs. B.S. Agricultural Industries (I)” Apex Court
“Section 24A of the Consumer Protection Act, 1986 is peremptory in nature and requires consumer forum to see before it admits the complaint that it has been filed within two years from the date of accrual of cause of action. The consumer forum, however, for the reasons to be recorded in writing may condone the delay in filing the complaint if sufficient cause is shown. The expression, `shall not admit a complaint' occurring in section 24A is sort of a legislative command to the consumer forum to examine on its own whether the complaint has been filed within limitation period prescribed thereunder. As a matter of law, the consumer forum must deal with the complaint on merits only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reasons recorded in writing. It is the duty of the consumer forum to take notice of section 24A and give effect to it. If the complaint is barred by time and yet, the consumer forum decides the complaint on merits, the forum would be committing an illegality and, therefore, the aggrieved party would be entitled to have such order set aside”. (emphasis supplied)
14. 15.
KMK*
