KESORAM INDUSTRIES LIMITED Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India impugns the order dated 12 th January, 2009 of the National Consumer Disputes Redressal Commission, New Delhi dismissing in limine the appeal preferred by the petitioner against the order dated 31 st March, 2008 of the State Consumer Disputes Redressal Commission, West Bengal dismissing the complaint filed by the petitioner against the respondent Bank. THIS petition came up first before this Court only on 5th May, 2010. However, the petitioner had preferred a review of the order dated 12 th January, 2009 of the National Commission and which review was also dismissed on 27th August, 2009. Not only so, the petitioner filed SLP (Civil) No. 19246/2009 to the Supreme Court which was also dismissed in limine on 7th December, 2009. It is after waiting for about six months that the present petition was filed.

(2.) AS aforesaid, the petition came up first before this Court on 5th May, 2010 when the counsel for the petitioner sought adjournment to move necessary application before the Supreme Court to seek leave of the Supreme Court to present the present petition. Thereafter the matter was adjourned from time to time. No notice has been issued. The counsel for the petitioner today contends that it was on a wrong assumption of law that it was earlier stated that the application will be moved before the Apex Court for leave to prefer this petition; infact no such leave is necessary. Reliance is placed on ?

(3.) THE complaint of the petitioner before the State Commission was that the Bank had kept the petitioner in total darkness with respect to the amount so debited. THE petitioner claimed the relief of refund of the credit balance of Rs.4,94,024.80p (supra) together with interest and also damages for harassment of Rs.20 lac.