KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM. I.A.894/09 IN APPEAL:865/03 ORDER DATED: 03-07-2010 PRESENT: JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT SHRI.S. CHANDRAMOHAN NAIR : MEMBER The Manager, The Karnataka Bank Ltd., Chikamangalur Branch, : PETITIONER Chikamangalur-577 101. (By Adv: Sri.G.S.Kalkura) Vs. 1.Nizar Ahamed, S/o Sheik Ahmed, R/at S.M.N.Asiyana, Rappathotty, Uppala.P.O, Kasaragod. : RESPONDENTS 2.The Manager, North Malabar Gramin Bank, Uppppala Branch, Uppala.P.O, Kasaragod. ORDER JUSTICE SHRI. K.R. UDAYABHANU: RESIDENT Petitioner is the opposite party in OP.109/03 in the file of CDRF, Kasaragod. The appellant is under orders to pay Rs.54,000/- to the complainant. The application has been filed to condone the delay of 2093 days in curing the defect for non deposit of the statutory amount which is a pre-requisite for filing the appeal. In the affidavit filed by the power of attorney holder of the appellant it is mentioned that he was informed that the case bundle was not available in the office of this commission. Subsequently the case bundle was traced out although at first it was learned that the case record has been taken to the Ernakulam camp sitting. It is also mentioned in the affidavit that the case bundle was kept in the office of the commission while shifting the office to the new building. After tracing out the case bundle the deposit was made on 24/6/2009. 2. We find that there is no objective evidence to substantiate the case set up by the petitioner that the case bundle was missing. The petitioner has not taken any steps in this regard for tracing out the case bundle if the same was missing. In view of the fact that the delay is of 2093 days we find that the reason mentioned is not sufficient to condone the inordinate delay. In the result the I.A is dismissed. Hence the appeal is also dismissed. JUSTICE K.R. UDAYABHANU: PRESIDENT VL. S. CHANDRAMOHAN NAIR : MEMBER | 
