AXIS BANK LIMITED Vs. BHAVESH KALADARA

JUDGEMENT

(1.) THE present Civil Misc. Application has been filed by the original opponent seeking condonation of delay caused in filing the appeal against order passed by the Consumer Disputes Redressal Forum, Rajkot in Complaint No. 81 of 2010 on 8.10.2010. Heard Mr. V.M. Pancholi, learned Advocate for the applicant and learned Advocate Mr. Rutvik Oza for the Respondent. We have also considered the reply of the respondent.

(2.) ACCORDING to the applicant, the delay is of 310 days. The cause of delay as stated is due to heavy workload in the Legal Department of the applicant bank and after the legal opinion from Legal Department applicant handed over all the papers to the Advocate in June 2012. Hence, there is delay of 310 days and in the interest of justice, the said delay be condoned.

(3.) AS far as legal position with respect to condonation of delay is concerned, the Apex Court in the case of State Bank of India v. B.S, Agriculture Industries, 2009 1 CPJ 29 , has held that under Section 24 -A of the Consumer Protection Act, 1986 a Consumer Forum is under duty to dismiss the complaint filed beyond the period of limitation if sufficient cause of delay is not shown.