PRAGATHI CHIT FUNDS LTD Vs. MOHD MUNTAZEER

JUDGEMENT

(1.) This revision petition arises out of order passed by the State Commission dismissing the appeal filed by the petitioner against the order of the District Forum which had allowed the complaint.

(2.) Brief facts of this case are that the complainant was subscribing towards two chit fund schemes. It is the complainant's case that even after receiving Rs. 50,000/- under both the chits, the petitioner/opposite party did not adjust Rs. 25,000/- in the second chit. Thus, alleging deficiency, the complainant filed a complaint before the District Forum who after hearing both the parties, while holding the petitioner deficient in rendering services, directed the petitioner to refund Rs. 56,115/- to the complainant along with interest @ 12% p.a. An appeal filed by the petitions, was dismissed on merits as well as barred by limitation of 145 days, hence this petition before us.

(3.) It is argued by the learned Counsel for the petitioner that the State Commission erred in not considering the grounds of delay in filing the appeal. He also drew our attention to an order of the Civil Court between the parties and the pleas taken by the parties before that Forum. State Commission should not have dismissed the appeal on limitation.