KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
I.A. No. 393/2023 in APPEAL No. 190/2023
ORDER DATED: 15.06.2023
(Against the Order in C.C. 674/2016 of CDRF, Thrissur)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
PETITIONER/APPELLANT:
Vellanikkara Service Co-operative Bank Ltd., Vellanikkara P.O., Madakkathara, Thrissur-680 651 represented by its Secretary.
(By Adv. A.S. Ramadasan)
Vs.
RESPONDENTS:
- Paulson, Karippayil House, Mullakkara P.O., Mannuthy, Thrissur-680 651.
- Christeena @ Anju Paul, D/o Karippayil Paulson, Mullakkara P.O., Mannuthy, Thrissur-680 651.
ORDER
SMT. BEENAKUMARY. A : MEMBER
The present appeal has been filed by the opposite party in C.C. No. 674/2016 on the file of the Consumer Disputes Redressal Forum, Thrissur (District Forum for short) against the order dated 28.02.2017. The respondents are the complainants.
2. The complaint was one claiming maturity value of deposit amount to be payable by the opposite party to the complainants. The District Forum allowed the complaint and directed the opposite party to pay the maturity value with 9% interest to the complainants. Against the impugned order the opposite party has filed this appeal. There is an inordinate delay of 2183 days in filing this appeal. This petition is for condonation of delay. The order was an ex-parte order. The opposite party had not turned up to contest the case before the District Forum.
3. The reason stated by the appellant for the delay in filing the appeal is that when the notice was received, the renovation work of the opposite party bank was going on. The file was misplaced during the shifting and shuffling. At that time the software was changed and the Secretary had retired. Further the appellant submitted that Covid-19 pandemic and the declaration of Lock-down by the Government had aggravated the situation. The appellant came to know of the case only when the warrant came in CPST No. 123/2018 from the District Commission. For the above said reason there occurred 2183 days delay in filing the appeal and they stated that there was no wilful delay from their side.
4. In this petition the appellant admitted that they had received the notice of the complaint from the District Forum in time. But they never turned up to contest the case. The complaint was ordered on 28.02.2017. The date of filing this appeal is 24.03.2023 i.e; after a long lapse of 6 years. The appellant admitted that they had received the information of warrant from the District Forum in the year 2018 i.e; 5 years ago.
5. We have heard the appellant and perused the records. It is a settled position of law that condonation of delay is not a matter of right. In the affidavit the main reason stated by the appellant is that due to the renovation work of the bank, the file was misplaced. This is the main reason they have argued. This reason is not sufficient to condone the inordinate delay of 2183 days mentioned in the petition. The reason stated by the appellant is not sufficient and satisfactory. The delay cannot be condoned when it is not explained by the petitioner/appellant with proper and valid reason and thereby we are of the opinion that this petition is liable to be dismissed.
In the result, this petition is dismissed.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
BEENA KUMARY. A : MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No. 190/2023
JUDGMENT DATED: 15.06.2023
(Against the Order in C.C. 674/2016 of CDRF, Thrissur)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
APPELLANT:
Vellanikkara Service Co-operative Bank Ltd., Vellanikkara P.O., Madakkathara, Thrissur-680 651 represented by its Secretary.
(By Adv. A.S. Ramadasan)
Vs.
RESPONDENTS:
- Paulson, Karippayil House, Mullakkara P.O., Mannuthy, Thrissur-680 651.
- Christeena @ Anju Paul, D/o Karippayil Paulson, Mullakkara P.O., Mannuthy, Thrissur-680 651.
JUDGMENT
SMT. BEENAKUMARY. A : MEMBER
Petition for condonation of delay dismissed. Therefore, this appeal is dismissed.
The appellant has the right to withdraw the amount deposited before this Commission, on proper application. No order of costs.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
BEENA KUMARY. A : MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
