Maharashtra

Thane

MA/92/2023

SACHIN BALU UGALE - Complainant(s)

Versus

STATE BANK OF INDIA - Opp.Party(s)

06 Dec 2023

ORDER

ठाणे जिल्हा ग्राहक तक्रार निवारण आयोग
रुम नं.214, दुसरा मजला, जिल्हाधिकारी कार्यालय इमारत, ठाणे-400 601
 
Miscellaneous Application No. MA/92/2023
( Date of Filing : 06 Oct 2023 )
In
Complaint Case No. CC/430/2023
 
1. SACHIN BALU UGALE
FLAT NO. 1004, B WING, 10TH FLOOR, DHANLAXMI APARTMENT, BUILDING NO. 1, NEAR LOKGRAM TICKET OFFICE, KALYAN EAST - 421306
...........Appellant(s)
Versus
1. STATE BANK OF INDIA
RACPC KALYAN, GROUND & 1ST FLOOR, MILLENIUM HEIGHTS, OPP. PATEDAR BHAWAN MARRIAGE HALL, SHAHAD MOHONE ROAD, SHAHAD, KALYAN WEST, DIST- THANE 421001
...........Respondent(s)
 
BEFORE: 
 HON'BLE MS. DR. RICHA SHARMA PRESIDENT
 HON'BLE MR. B. B. RASAL MEMBER
 HON'BLE MR. H. M. BADGUJAR MEMBER
 
PRESENT:
 
Dated : 06 Dec 2023
Final Order / Judgement

//ORDER ON APPLICATION FOR CONDONATION OF DELAY  //

Per : Hon’ble Member Shri. H.M. Badgujar

[1]    Heard Complainant.  Perused the application and documents attached with the complaint.  That  Complainant filed application for condonation of delay for filing consumer complaint and as per contention of the Complainant there is no any delay, and if  there is any delay U/Sec. 69 of Consumer Protection Act in filing complaint, same may be condoned.  

[2]  After perusal of the complaint and documents filed by the Complainant, it is revealed that the Opponent No.2 communicated that claim of the Complainant  rejected on 07/10/2020, here is first cause of action arise to the Complainant for filing the complaint.  That the Complainant has to file the complaint on or before 07/10/2022 but the Complainant filed the complaint in October 2023.  Here there is almost one year delay but the Complainant satisfactorily explain period of delay and also there is Covid-19, Pandemic situation in India.

[3]   The Hon’ble Supreme Court directed that the period between 15/03/2020 to 02/10/2021 be exclude while computing limitation period. 

[4]    Considering the explanation of the Complainant, directions of the Hon’ble Supreme Court and facts of the complaint, in our view the delay should be condoned.

[5]     Hence, we pass the following order :

          // ORDER//

  1. Application for condonation of delay bearing No. : MA/92/2023 is allowed and disposed off .
  2.  No order as to costs.          
 
 
[HON'BLE MS. DR. RICHA SHARMA]
PRESIDENT
 
 
[HON'BLE MR. B. B. RASAL]
MEMBER
 
 
[HON'BLE MR. H. M. BADGUJAR]
MEMBER
 

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