Maharashtra

StateCommission

CC/12/99

FORTUNE STAINLESS LIMITED - Complainant(s)

Versus

UNION BANK OF INDIA - Opp.Party(s)

SMT PRIYANKA VEGAD

04 Jan 2013

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Complaint Case No. CC/12/99
 
1. FORTUNE STAINLESS LIMITED
8 EARTH HOUSE 2/22 BABU GENU ROAD MUMBAI 400002
MUMBAI
MAHARASHTRA
...........Complainant(s)
Versus
1. UNION BANK OF INDIA
UNION BANK BHAVAN 239 VIDHAN BHAVAN MARG NARIMAN POINT MUMBAI 400021 AND THE PERTINENT BRANCH OFFICE AT M S MARG MUMBAI 400023
MUMBAI
MAHARASHTRA
2. RAJ WINGS COURIER
485 DURUWALA BUILDING TAKWADI KALBADEVI MUMBAI 2
MUMBAI
MAHARASHTRA
3. DHL EXPRESS (INDIA) PVT LTD
A K MARG BANDRA EAST MUMBAI 400051
MUMBAI
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE Mr. S.R. Khanzode PRESIDING MEMBER
 HON'BLE MR. Dhanraj Khamatkar Member
 
PRESENT:Mr.Nilesh Ukey,Advocate, Proxy for SMT PRIYANKA VEGAD , Advocate for for the Complainant 1
 
Adv.N.N.Amin for the opponent No.1.
Adv.Nilesh Doshi for the opponent No.2.
Adv.Sapna Bhuptani for the opponent No.3.
......for the Opp. Party
ORDER

(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)

 

(1)               Heard on delay condonation application.  There is a delay of 3 years 9 months and 12 days from the alleged cause of action which according to the complainant arose on 08/07/2008, when the complainant was intimated about the mis-adventure of the documents.  It is well settled principle of law that once the limitation starts running, it never stops.  It is tried to be submitted by the applicant/complainant that by letter dated 19/02/2010 written by opponent No.1-Union Bank of India to the complainant, there is an acknowledgement and period of limitation was extended.  We are afraid if said letter is read properly, it transpires that neither there is any acknowledgment nor this letter of the bank refers to extension of any period of limitation.  Other aspect is that in fact it cannot be a case of deficiency in serve since the courier, namely, opponent No.3 had delivered documents with the foreign bank and those documents are relied upon by the complainant itself.  Leaving apart that controversy, since relief for consideration of condonation of delay application, we proceed further. 

 

(2)               We find that the sole ground mentioned to get the delay condoned is that the managing director of the complainant company was required to travel abroad frequently and, thus, he was unable to instruct his advocates to file complaint.  This ground cannot be accepted as sufficient reason to get condoned the inordinate delay over three years and nine months. 

 

(3)               Besides this, no other ground is mentioned.  We find that delay is not satisfactorily explained and holding accordingly, we pass the following order.

 

ORDER

 

(1)     Application for condonation of delay stands rejected. In the result, consumer complaint is not entertained.

 

(2)     Under the given circumstances, no order as to costs. 

 

Pronounced on 4th January, 2013.

 

 
 
[HON'BLE Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[HON'BLE MR. Dhanraj Khamatkar]
Member

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