NCDRC

NCDRC

RP/1251-1252/2011

VISHAMBER SHEWAKRAMANI - Complainant(s)

Versus

SYNDICATE BANK - Opp.Party(s)

MS. NANDITA RAO

26 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1251-1252 OF 2011
 
(Against the Order dated 14/01/2011 in Appeal No. 62-63/2009 of the State Commission Maharastra)
1. VISHAMBER SHEWAKRAMANI
Rosewood Chambers, 99/C, Tulsiwadi Tardeo
Mumbai - 400034
Maharashtra
...........Petitioner(s)
Versus 
1. SYNDICATE BANK
Peddar Road Branch, Peddar Road
Mumbai - 400026
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MS. NANDITA RAO
For the Respondent :NEMO

Dated : 26 Jul 2011
ORDER

          We agree with the view taken by the fora below that this case involves disputed questions of fact, which cannot be decided without taking extensive evidence.  Under the Consumer Protection Act, the consumer fora are required to decide the cases in summary manner within a time frame, i.e., within 90 days from the date of filing, in case, no expert evidence is required to be taken, and, within 150 days, wherever expert evidence is required to be taken.  The fora below have rightly held that this case cannot be decided in a summary manner and relegated the petitioner to seek its remedy from the Civil Court.  Dismissed.

Petitioner, if so advised, would be at liberty to seek relief from the Civil Court along with an application under Section 14 of the Indian Limitation Act for condoning the delay for the time spent before the consumer fora, keeping in mind the observations made by the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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