Punjab

StateCommission

A/155/2018

Punjab National Bank - Complainant(s)

Versus

Subash Gupta - Opp.Party(s)

Aseem Kataria

16 Jul 2018

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL COMMISSION,    PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH

 

                   First Appeal No.155 of 2018

 

                                                          Date of Institution    : 15.03.2018       

                                                         Order Reserved on  : 13.07.2018

                                                          Date of Decision     :  16.07.2018

 

Punjab National Bank, through its Branch Manager, Majitha Road, Amritsar, Punjab

 

                                                              Appellant/Opposite party no.2       

     Versus

 

 

1.      Subhash Gupta son of Sardari Lal, R/o 58, Gopal Nagar, Gali          No. 3, Majitha Road, Amritsar, Punjab.

 

                                                          Respondent no.1/Complainant

 

2.      Oriental Insurance Company, through its Principal Officer,       Amritsar now through its Regional Manager, SCO No. 109-         111, Sector 17-D, Chandigarh.

 

                                                  Respondent no.2/Opposite party no.1

 

First Appeal against order dated 26.09.2017 passed by the District Consumer Disputes Redressal Forum,  Amritsar.

Quorum:-

          Shri J. S. Klar, Presiding Judicial Member.

            Smt. Surinder Pal Kaur, Member

Present:-

          For the appellant            :  Sh. Aseem Kataria,  Advocate.

          For the respondent no.1  :  Sh. Sukhandeep Singh, Advocate.

          For the respondent no.2  :  Sh.Vinod Chaudhri, Advocate

. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

J.S KLAR, PRESIDING JUDICIAL MEMBER :-

         

                    Challenge in this appeal by the appellant is to order dated 26.09.2017 of District Consumer Disputes Redressal Forum Amritsar, directing the appellant and respondent no.2 of this appeal to pay Rs.3 lac jointly and severally to respondent no.1 of this appeal, failing which to pay interest @ 9% p.a from filing the complaint till its actual payment, and to pay Rs.5000/- as costs of litigation. The appellant of this appeal is opposite party no.2 in the complaint, respondent no.1 of this appeal is complainant and respondent no.2 of this appeal is opposite party no.1 in the complaint before District Forum and they be referred as such hereinafter for the sake of convenience.

2.                The short controversy in this appeal is, as to whether the delay of 125 days is liable to be condoned in this case or not? The order was announced by District Forum Amritsar on 26.09.2017 and the instant appeal was filed before this Commission on 15.03.2018 by the appellant. Appellant seeks delay of 125 days in filing the appeal. The ground projected by the appellant is that order dated 26.09.2017 was received by the appellant on 10.10.2017 and thereafter matter remained pending for comments of the counsel representing the bank. Same were forwarded to higher officials of the bank/appellant for approval and delay took place in the above  process.

3.                From hearing respective submissions of counsel for the appellant and perusal of this application for condonation of delay of 125 days in filing the appeal coupled with the record of the case, the appellant admitted receipt of order of District Forum Amritsar on 10.10.2017. The  appellant is  Bank and it knows the consequence of delay. It has some law officers on its panel and it cannot be said that delay is unintentional on its part. The counsel for appellant relied upon law laid down by Apex Court in Wadhya Mal   versus   Prem Chand Jain and another, reported in AIR 1982 (SC) Page 18 and State of Haryana and others versus Dr.K.K. Sharma reported in Civil Revision no. 5864 of 2004 2006(2) decided on 11.01.2006 by High Court of Punjab & Haryana Chandigarh.

4.                From perusal of above referred authorities, we find that each case contains its own different facts. This is not hard and fast rule that law held in a particular case would be applicable to other case. There are no exparte proceedings in this case and appellant was duly aware of the proceedings and appeared before District Forum and hence Wadhya Mal's case (supra) relied upon by the appellant is distinguishable  and the law laid down in Dr. K.K.Sharma's case (supra) is also not applicable to the facts of the  case. Herein, appellant was represented before District Forum and order of District Forum was received by it on 10.10.2017, but it sat over the matter without any reason. The delay cannot be condoned for the sake of asking only. Legal right stands vested with opposite side on account of delay, which can be taken away only on  proof of sufficient cause. Consequently, we find that delay is not attributable to any sufficient reason on the record and there is no ground to condone the delay. Resultantly, we find no merit in the application for condonation of delay and same is hereby dismissed.

 

Main Case :-

5.                Since the application for condonation of delay in filing the appeal has been dismissed and the delay has not been condoned of alleged 125 days, hence, the appeal is barred by time and same is hereby dismissed in limine.

6.                The appellant had deposited the amount of Rs.25,000/-with this Commission at the time of filing of the appeal. This amount with interest, which accrued thereon, if any, be remitted by the registry to the respondent no.1 of this appeal being complainant by way of a crossed cheque / demand draft after the expiry of 45 days, subject to stay order if any. Remaining amount, if any, due shall also be paid to complainant by the appellant within 45 days from receipt of the copy of this order

7.                Since the order was reserved on 13.07.2018, hence it be communicated to the parties by the registry.

 

                                                                          (J. S. KLAR)

                                                          PRESIDING JUDICIAL MEMBER

                    

 

                                                                   (SURINDER PAL KAUR)     

                                                                   MEMBER

July 16, 2018                                                              

(ravi)