HDFC BANK LTD Vs. BHAGI RATH

JUDGEMENT

(1.) ON a consumer complaint filed by the respondent herein against the petitioner Bank, the District Forum vide its order dated 04.02.2009 accepted the complaint in terms of the directions issued against the petitioner Bank. The petitioner Bank filed an appeal against the order of the District Forum. When the appeal was taken by the State Commission, it was noticed that there was delay of 502 days in filing the appeal. The State Commission, therefore, considered the application of the petitioner Bank for condonation of delay but did not find the reasons for the delay as convincing or satisfactory so as to condone the delay of 502 days in filing the appeal. The application for condonation of delay, therefore, was rejected by the State Commission and consequently the appeal was also dismissed as time barred. It is against this impugned order of the State Commission of 31.8.2010 that the present revision petition has been filed.

(2.) WE have heard learned counsel for the petitioner on admission hearing and also perused the impugned order. Filing of the appeal within the prescribed period is a mandatory requirement and unless the State Commission for reasons to be recorded in writing, finds the reasons for the delay as convincing and satisfactory so as to condone the delay, the appeal cannot be entertained by the State Commission. The petitioner has reiterated the same reason in respect of delay in filing the appeal before the State Commission, which has already been considered by the State Commission in its impugned order. WE do not find any material irregularity, illegality or jurisdictional error on the part of the State Commission in exercising its discretion while considering the application for condonation of delay. No other material or ground explaining the delay of 502 days has been put fourth by the petitioner before us. In view of this, there is no reason to interfere with the impugned order. The revision petition filed by the petitioner Bank, therefore, is dismissed in limine with no order as to costs.