NCDRC

NCDRC

FA/126/2011

RAJESH KAPOOR - Complainant(s)

Versus

STATE BANK OF INDIa - Opp.Party(s)

MR. DIGVIJAY SINGH

28 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 126 OF 2011
 
(Against the Order dated 29/10/2009 in Complaint No. 5/2009 of the State Commission Himachal Pradesh)
1. RAJESH KAPOOR
Rajesh kapoor Son of Sh .T.C kapoor House No.403/5 Uppar sain Near Matt,
Mandi
Himachal
...........Appellant(s)
Versus 
1. STATE BANK OF INDIa
Branch Manager,Office at Mandi
Mandi
Himachal
...........Respondent(s)

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

For the Appellant :MR. DIGVIJAY SINGH
For the Respondent :NEMO

Dated : 28 Nov 2011
ORDER

ORAL ORDER

PER JUSTICE MR. V.R. KINGAONKAR

 

 

          We have heard learned counsel for the appellant.  There is delay of 467 days in filing of the appeal.

2.      The contention of the learned counsel for the applicant is that the appellant was suffering from head injury of multiple skull fracture and admitted in the hospital after the accident dated 16-04-2009.  It is alleged that he was advised to avoid long travelling.  It is further alleged that he could not approach the advocate at Mandi and Shimla.  Therefore, due to unavoidable reasons, the delay has been caused.

3.      Ordinarily, the medical reasons could be treated as sufficient cause.  The discharge summary of the hospital, however, shows that the appellant was discharged from the Dhanvantri Tomar Hospital, Bareilly on 17-04-2009.  The impugned order of the State Commission is rendered on 29th October, 2009.  There is long gap of time between discharge of the appellant from the hospital and the impugned order.  The appellant could not place on record any substantial material to justify the delay which has occasioned after the impugned decision dated 29th October, 2009 till the date of the filing of this appeal, which is filed on 23-03-2011.  It is obvious, therefore, that there was no sufficient cause to justify such a long delay.  The appeal is, therefore, not condonable.  The application is dismissed and accordingly the appeal is also dismissed.

 

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

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.