BANK OF INDIA Vs. CONSUMER DISPUTES REDRESSAL FORUM

JUDGEMENT

(1.) JUDGMENT The Writ Petition is filed by the petitioner pointing out that the petitioner has not obtained a copy of the order in I.A.No.100/12 in C.C.No.256/09 dated 18.6.2012. The order is sought to avail the remedy of appeal under Section 15 of the Consumer Protection Act.

(2.) WHILE admitting the Writ Petition, this Court by interim order dated 19.7.2012 stayed further proceedings for a period of two weeks and a direction to issue copy of the order in I.A.No.100/12 in C.C.No.256/2009 in terms of the usual formalities within a period of five days from the date of production of a copy of the order was also issued.

(3.) THE learned counsel appearing for the 2nd respondent submitted that the Writ Petition itself is an abuse of process of the Court , as another order was passed by the Consumer Disputes Redressal Forum on 31.12.2009, which was never under challenge. Various other facts were also pointed out before me to contend for the position that the Bank is only trying to delay the disposal of the matter. The learned counsel for the Bank submitted that the Bank only wants to take up the contention regarding the maintainability as a preliminary issue and earlier the complaint itself was rejected by Exhibit P3 order by the Consumer Disputes Redressal Forum on the ground of limitation. Thereafter the 2nd respondent filed an appeal before the State Consumer Redressal Commission, which was allowed as per Exhibit P4 and the matter was remanded, it is submitted.