STATE BANK OF INDIA Vs. ASHOK KUMAR JAISWAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.3.2008, passed by Palamu District Consumer Disputes Redressal Forum at Daltonganj (hereinafter referred to as the District Forum), in Consumer Complaint No. 52 of 2007, whereby the appellants were directed to pay Rs. 1,000 as compensation for mental agony and litigation cost within thirty days from the date of judgment, failing which interest @ 6% was payable from the date of judgment till payment.

(2.) LIMITATION for filing appeal, from the date of impugned judgment, expired on 17.4.2008, whereas it has been filed on 21.4.2008. A petition for condonation of delay has been filed under Rule 8(4) of the State Rules, wherein it is stated that free copy of the impugned judgment was supplied to the Counsel of the appellants on 24.3.2008. However, the appellants could know about the judgment dated 18.3.2008 only on 5.4.2008 when their Counsel sent the free copy of the judgment to them. Thereafter, some time was consumed in official procedure and, ultimately, it could be filed on 21.4.2008. From the impugned judgment itself it is evident that the free true copy of the impugned judgment was ready on 24.3.2008. And, from that date (the date of receipt of free copy) the appeal has been filed within thirty days. Therefore, delay of four days in filing the appeal from the date of impugned judgment, is condoned.

(3.) THE complainant -respondent had filed complaint before the District Forum for a direction to the opposite party -appellants to correct the defect of the ATM machine and not to level allegation against him for overdraft from his Account. He also claimed Rs. 10,000 as compensation for harassment.