SREI INFRASTRUCTURE FINANCE LTD Vs. DILIP DAMODAR RASAL

JUDGEMENT

(1.) This appeal arises out of order/award dated 30/11/2007 passed in consumer complaint No.13/2007 Dr.Dilip Damodar Rasal & Anr. V/s. The Manager, SREI Infrastructure Finance Ltd. by the District Consumer Forum Nashik (Forum below in short).

(2.) It was a consumer complaint filed by respondents/org. complainants alleging that appellant No.2/org. O.P. was guilty of deficiency in service as much as fixed deposit of Rs.5 Lakhs which was kept for 60 months, was not refunded on demand. Complaint was allowed. It was an ex-parte proceeding. Thereafter, execution proceedings were taken. On receipt of notice of demand from the Revenue Official, for the first time as alleged by the appellants, they came to know about the impugned award some time in the month of July 2008. Thereafter, they have obtained a certified copy which was received on 03/10/2008 and then this appeal was filed on 14/10/2008. There is no separate application for condonation of delay is filed but narrating the facts recounted earlier, in the appeal memo itself it is submitted and prayed that the delay, if any, be condoned.

(3.) We heard Mr.A.V. Patwardhan, Advocate @ Ms.Smita Gaidhani, Advocate for appellants and Mr.U.B. Wavikar, Adv. for the respondents.