PUTHUR SERVICE CO-OPERATIVE BANK LTD. Vs. SETHUMADHAVAN

JUDGEMENT

(1.) Appellant herein who is the petitioner in the Writ Petition, is challenging the judgment of the learned Single Judge dismissing W.P. (C)No.17094 of 2025 . The Writ Petition was filed inter alia seeking to set aside Exts.P7 and P8 orders passed by the Kerala State Consumer Disputes Redressal Commission.

(2.) The appellant Co-operative Bank which had accepted deposits from the 1st respondent to a total of 5,00,000/- vide different fixed deposit receipts, had failed to return the amounts in fixed deposit even though the deposit had attained maturity on 02/06/2015. The 1 st respondent had approached the District Consumer Disputes Redressal Commission, Thrissur, as C.C.No.746 of 2015. After considering the materials on record, the Consumer Disputes Redressal Commission, passed Ext.P3 order directing the appellant to pay a sum of 5,00,000/- with 12% interest and also directed to pay 10,000/- as cost and compensation to the 1st respondent/complainant. Even though the order was passed as early as on 31/12/2021, the appeal against Ext.P3 was preferred by the appellant only in October, 2024 along with a petition seeking to condone the delay of 825 days in filing the appeal. The said petition was considered by the Consumer Disputes Redressal Commission and vide Ext.P7, the petition seeking to condone delay [Ext.P6(a)] was dismissed. Consequentially, Ext.P8 order was passed dismissing the appeal. The Writ Petition thus came to be filed challenging Exts.P7 and P8.

(3.) Before the learned Single Judge, the appellant had taken up a contention that the failure to file the appeal in time was solely on account of the fact that the management of the appellant/Society was under the management by an Administrator for the period from 10/12/2014 to 07/05/2022. The learned Single Judge considered the orders which were impugned therein and held that the reasoning of the Commission was not per se illegal or perverse and that no interference could be made. Accordingly, Exts.P7 and P8 were upheld.