MITHLESH DEVI Vs. BRANCH MANAGER, AXIS BANK

JUDGEMENT

(1.) This is complainant's appeal under Sec. 15 of the Consumer Protection Act, 1986 against the order dated 29.09.2012 passed by the District Forum, Udham Singh Nagar, thereby dismissing her consumer complaint No. 33 of 2011. The appeal has been filed with a delay of 1 year 1 month and 17 days. The appellant has filed the delay condonation application (Paper No. 23) supported by her affidavit (Paper Nos. 24 to 25). In the affidavit, it has been averred that after passing of the impugned judgment and order dated 29.09.2012, the deponent along with Smt. Santosh Devi and Sh. Mitrapal had come to Dehradun sometime in the middle of October, 2012 and had discussed the matter with some Advocates at Dehradun and thereafter the appellant had asked Sh. Ram Kumar, Advocate to prepare the appeal against the impugned judgment and order and file the same before the Hon'ble Commission within the stipulated period. It has also been averred that the said Advocate had taken all the relevant papers from the appellant and had also taken the signatures of the appellant on the grounds of appeal and thereafter the appellant went back to her native village. It has further been alleged that thereafter the appellant regularly contacted the said Advocate in order to know about the fate of the appeal and was told about the date on phone by some person alleging himself to be Munshi of the Advocate. In the last week of November, 2013, the deponent along with the above two persons came to Dehradun to meet the Advocate and visited his place on 01.12.2013 and whereupon, she was shocked to gather that he had already expired in the last week of October, 2012. The appellant thereafter inquired about the person who was attending the calls, but no satisfactory reply was given. The appellant asked for return of the file, but the same was also not returned. The appellant thereafter came to the office of the Commission on 02.12.2013 to inquire about the appeal and on checking the register, came to know that no such appeal was listed on the date told to her. The appellant went back to her village and collected the papers and engaged another counsel, who prepared the appeal and filed the same on 16.12.2013.

(2.) The respondent - bank filed objections against the delay condonation application in the form of affidavit of Sh. Anurag Negi (Paper Nos. 30 to 31), thereby refuting the allegations made by the appellant in the affidavit filed in support of delay condonation application and also stated that there are laches on the part of the appellant; that the appellant has purposely delayed filing of the appeal; that the appellant has not shown any sufficient cause for condonation of delay in filing the appeal and that the application for condonation of delay is liable to be dismissed.

(3.) We have heard the learned counsel for the parties on delay condonation application and have also perused the record.