STATE BANK OF MYSORE Vs. G H PATIL

JUDGEMENT

(1.) This revision petition challenges the order dated 4.11.2008 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission'). By this order, the State Commission dismissed the petitioner's appeal against the order dated 8.8.2008 of the District Consumer Disputes Redressal Forum, Dharwad (in short, 'the District Forum') both on the ground of delay (39 days) in filing the appeal as well as on merits.

(2.) The facts of the case were that the respondents/complainants had two separate savings bank accounts with the petitioner's Branch at Gokul Road, Hubli. Some fixed deposits were made by complainant 1 in the joint names of both the complainants. One of the fixed deposits was renewed wrongly in the individual name of complainant 1. This came to light when complainant 1 sought premature encashment of some of the deposits, the original receipts of which were lying with the Bank Branch. The Branch did not comply with his repeated requests whereupon the complainant also wrote letters to the Branch Manager as well as to higher officers of the Bank. The replies received from the Branch Manager and the Assistant General Manager were also found to be contradictory. Therefore, alleging deficiency in service, the complainants filed a complaint with the District Forum seeking direction to the Bank to pay the amount of the fixed deposit (Rs.70,415) with held by the Bank with interest @ 9.5% p.a. w.e.f. 22.11.2006 (the date of renewal of the said fixed deposit), compensation of Rs.75,000 towards mental agony and loss and cost of Rs. 10,000. After considering the pleadings, evidence and documents produced on record by the parties, the District Forum passed a detailed order with the final direction to the respondent Bank to pay to the complainants Rs.70,415 with interest @ 9.5% p.a. from 10.3.2007 till realisation and cost of Rs. 1,000. It was against this order that the petitioner Bank filed the appeal before the State Commission, with the result already noticed.

(3.) After dismissal of its appeal, the petitioner approached the High Court of Karnataka against the said order of the State Commission by filing a writ petition. The High Court dismissed the writ petition by its order dated 30.5.2011 by citing the Apex Court's ruling in the case of M/s. Advance Scientific Equipment Ltd. & Anr. v. West Bengal Pharma & Photochemical Dev. & Anr. Thereafter, this revision petition was filed by the Bank on 8.8.2011 In the process, there is a delay of 917 days in filing the revision petition. An application for condonation of delay has also been filed which states, inter alia, as under: