NCDRC

NCDRC

RP/3493/2013

CHIEF MANAGER, ICICI BANK LTD., HOME LOAN WINGS - Complainant(s)

Versus

VIKRAM KOTHA - Opp.Party(s)

M/S. SURI & COMPANY

24 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3493 OF 2013
 
(Against the Order dated 04/07/2013 in Appeal No. 1998/2013 & 780/2013 of the State Commission Andhra Pradesh)
WITH
IA/6209/2013,IA/6210/2013
1. CHIEF MANAGER, ICICI BANK LTD., HOME LOAN WINGS
SURVEY BO-115/27,PLOT NO-12, NANAKRAMGUDA, SERILINGAMPALLY,
HYDERABAD - 500032
A.P
...........Petitioner(s)
Versus 
1. VIKRAM KOTHA
S/O K.ANIJ REDDY, REP BY K.ANJI REDDY, B-13/15, DAE COLONY, ECIL,
HYDERABAD - 500062
A.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Rohit Aggarwal, Advocate with
Ms. Pallavi Tayal
For the Respondent :VIKRAM KOTHA

Dated : 24 Oct 2013
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER(ORAL)

 

 

1. There was delay of 212 days in filing the first appeal before the State Commission.  The first appeal was dismissed on that count.  Learned counsel for the petitioner heard.  The petitioner has filed a

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copy of the application moved for condonation of delay before the State Commission.  The delay has been explained in paras 4 and 5 of the affidavit which are reproduced as under:

“4. That the certified copy of the impugned order dated 20-7-2012 was not received by the petitioner from the registry of the Hon’ble District Forum.  The petitioner herein then through his counsel on record applied for a certified copy which was received by the petitioner herein on 10-1-2013.

5.Unfortunately, during the same time, the dealing officer Mr. Ramakrishna of the petitioner met with an accident and suffered multiple ligment injuries and was advised complete best rest.  Thereafter, the litigation matters had to be transferred to a new legal manager in the absence of Mr. Ramakrishna.  Handing over process took some time.”

 

2.      Learned counsel for the petitioner has reiterated the above said affidavit while he is arguing this case.  We are not satisfied with the explanation given by the petitioner.  We have called for the report of the District Consumer Forum, Ranga Reddy.  The report of President, District Consumer Forum, Ranga Reddy District, L.B. Nagar, Hyderabad, runs as follows:

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“With reference to the Telephonic Message received in the reference cited on 11.10.2013 with regard to Service of Order Copy in CC.150/2011 on the file of this Forum on the correct address of the respondent, I submit that the Order Copy in question in CC150/2011 on the file of this Forum dt. 20.07.2012 was sent to the correct address furnished in the complaint in this Forum’s Dis. No. 561/2012 dt 04.08.2012.  The address to which the Order Copy was sent is as follows as per the records available in this Forum.  Address of the respondent to which order copy was sent by Ordinary Post.

                             Address:

                                      To,

                                      The Chief Manager,

                                      ICICI Bank Ltd. (Home Loans Wing),

Sy No. 115/27, Plot No. 12, Nanak Ram Guda,

                                      Serilingampally, Hyderabad 500 032.

This is for favour of kind information of the Hon’ble National Consumer Dispute Redressal Commission.”

 

There is no rebuttal evidence in this context. 

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3.      Regarding the second ground, the State Commission was pleased to hold:-

“We are of the considered view that the petitioner has not filed any document to show that its Dealing Officer met with accident nor did it adduce evidence of treatment thereof.  The petitioner has not shown any sufficient cause to condone the delay in filing the appeal.  The explanation tendered by the petitioner company is not reasonable nor believable.  The explanation for condoning the delay in filing the appeal is not sufficient.  For the foregoing reasons the petition is liable to be dismissed.”

 

 

4.      Learned counsel for the petitioner has invited our attention towards the medical certificate filed in this revision petition for the first time.  It is surprising to note that the doctor has not mentioned the date of its issuance.  This medical certificate is reproduced as follows

SREYA ORTHO CLINIC

SRI SAI DIAGNOSTICS

5-11, Eenadu Bank, S. R. Chit Fund Lane, Chandanagar, Hyd.-50, ph. 23031826

 

Dr. G. Praveen                                          Consultation Timings

M.B.B.S., M.S. Ortho (OSM)                    Morning 2-00 to 3-00 p.m.

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Orthopaedic Surgeon                              Evening6-30p.m.to9-30 p.m.

                                                                   Sunday 11-00 am to 1-00pm

 

MEDICAL CERTIFICTE

 

          This is to certify that Mr. P. V. Ramakrishna  is suffering from ACL Tear  and PCL avulsion with MCL tear left knee and she/ he is advised to take rest from 31.12.202 for six week and fit to join duty from  ---------

                                                                   Sd/-

                                                          Dr. G. Praveen

                                                          M.B.B.S., M.S. (Ortho)(OSM)

                                                          Regn. No. 36136

                                                          Orthophidic Surgeon,

                                                          Sreya Ortho Clinic

                                                          Chandanagar, Hyderabad.”

 

5.      It is surprising to note that whether it is manipulated document in order to meet the reasons given by the State Commission because no date of its issuance was ever mentioned.  Such like evidence can be created at any time.  He has also pointed out that MRI was done and his injuries goes to show that he was having a very serious accident. The said person had not lost the senses.  He was conscious and the bank itself should have assigned this work to somebody else.  The delay is intentional, deliberate and unreasonable.  On the one hand, it is said that it is very important matter on the other hand, this much precaution was taken by the bank.  There is huge delay in filing the appeal before the State Commission, which has not been explained to our satisfaction.  It is

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well settled that expression ‘sufficient cause’ cannot be erased from Section 5 of the Limitation Act by adopting excessive liberal approach which would defeat the very purpose of Section 5 of the Limitation Act and Section 15 of the Consumer Protection Act, 1986.   It must be borne in mind that Consumer Protection Act, 1986 prescribes its own period of limitation. 

6.      In Anshul Aggarwal v. New Okhla Industrial Development Authority, IV (2011) CPJ 63 (SC), it has been held that “It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this Court was to entertain highly belated petitions filed against the orders of the Consumer Foras”.

7.    Similar view was also taken in R.B. Ramlingam v. R.B. Bhavaneshwari, I (2009) CLT 188 (SC)= I (2009) SLT 701=2009 (2)

 

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Scale 108 and Ram Lal and Others v. Rewa Coalfields Ltd., AIR 1962 Supreme Court 361.

8.      The revision petition has no merits.  Therefore, the same is dismissed.

9.      Learned counsel for the petitioner submits that the order of District Forum shall not be taken as a precedent in other cases.  It is made clear that the order of District Forum shall not be taken as a precedent in other cases as well.  Therefore, such like question can be raised subsequently.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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