Judgment:
Oral Order:-
Per Shri P.N. Kashalkar, Honble Presiding Judicial Member
This appeal is filed by Bank of Maharashtra, Nashik Division against the judgment and award passed by District Consumer Disputes Redressal Forum in consumer complaint No.141/2005 whereby while allowing complaint, Forum below has directed Bank of Maharashtra to pay to the complainant a sum of Rs.40,000/- within one month and also to pay to the complainant Rs.500/- as cost and Rs.1,000/- for the delay.
Aggrieved by this order, Bank of Maharashtra has filed this appeal. This order was delivered on 31/03/2006 and this appeal came to be filed on 19/03/2009. So, there is delay of 2 years and 8 months in filing this appeal. In the appeal memo, it has been clearly mentioned on page-8 that delay should be condoned for the reasons that the Bank had rendered services by disbursing part of the amount of Rs.5,000/- to the respondent, asked the respondent to furnish quotations for purchase of goods, CTS extracts or lease agreement for further disbursement of loan amount in compliance of the order of the Forum below. Bank had pursued execution application and also recovery proceedings by filing their say upto fag end of 06/03/2009 and that is why they are praying that delay of 2 years and 8 months should be condoned. We are finding that there is no just and sufficient cause made out strongly by the appellant/Bank to seek condonation of delay, when they were pursuing recovery proceedings in the Forum below, they were knowing that the order was passed against them by the Forum below and they were required to pay Rs.40,000/- and some odd amount. But, they waited for 2 years and 8 months to challenge the order passed by the Forum below in 2006. So, no just and sufficient grounds are shown to hold that the Bank had just and sound reason for not filing appeal within prescribed time. Delay is monumental and cannot be condoned lightly. As such application for condonation of delay stands rejected. Hence, the following order :-
Order:-
1. Misc. Application No.511/2009 for condonation of delay stands rejected.
2. Consequently, appeal does not survive for consideration.
3. Misc. Application No.512/2009 which is for stay stands disposed of.
4. No order as to costs.
5. Copies of the order be furnished to the parties.