NCDRC

NCDRC

RP/1179/2011

HDFC BANK - Complainant(s)

Versus

NAVEEN M. JAIN - Opp.Party(s)

MR. NIRAJ SINGH

13 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1179 OF 2011
 
(Against the Order dated 27/10/2010 in Appeal No. 775/2010 of the State Commission Karnataka)
1. HDFC BANK
G-3/4, Surya Kiran Building, 19, Kasturba Gandhi Marg
New Delhi - 110001
Delhi
...........Petitioner(s)
Versus 
1. NAVEEN M. JAIN
No. 15/6, Jain Temple Street, 2nd Floor, V.V. Puram
Bangalore - 04
Karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. R. KINGONKAR, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Ms.Meenakshi Midha, Advocate.
For the Respondent :NEMO

Dated : 13 Jul 2011
ORDER

We have heard learned counsel for the petitioner. 2. There is a delay of 63 days in filing of the present revision petition. -2- 3. The copy of the impugned judgment of the State Commission was applied for and was received by the petitioner on 9.11.2010. The impugned order was passed by the State Commission on 27.10.2010. According to the petitioner, the papers were sent to the Head Office at Chennai after the legal opinion was given regarding the merits of the case, thereafter the Head Office at Chennai forwarded the relevant file to the Regional Office at Delhi. The Regional Office directed the counsel to prepare the revision petition and file the same. The complete record was made available on 24.3.2011. The revision petition was thereafter drafted and was filed on 11.4.2011. The application does not show as to when the file was transmitted to the Head Office at Chennai and on what date it was referred back to Delhi Office for taking steps to file the revision petition. The petitioner was aware of the limitation period in view of the legal opinion, which was also made available after receiving the certified copy. The time spent for movement of the file from one office to another can be condoned only if it is shown to be of marginal nature and the delay is justifiable. We do not find any satisfactory explanation for time taking in processing the matter after the legal opinion was made available. 4. Secondly, we find that the revision petition is filed against the concurrent judgments of the Fora below. We have also noticed that the complete record was filed by the respondent for refund of the bank guarantee. The bank guarantee to the tune of Rs.7,50,000/- was obtained by the petitioner from the respondent (complainant) while issuing the credit card (which is referred by the petitioner as gold card or dealers card). We do not find any reason to infer that such bank guarantee could be forfeited by the petitioner-bank without any specific agreement for doing so. -3- 5. Under the above circumstances, we decline to condone the delay and as such, we dismissed the petition with no costs.

 
......................J
V. R. KINGONKAR
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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