STATE BANK OF INDIA THROUGH ITS CHIEF MANATGER MEHRAULI ROAD GURGAON Vs. KISHAN LAL KOHLI S/O SH H L KOHLI THROUGH HIS SPECIAL ATTORNEY

JUDGEMENT

(1.) The indisputable facts of this case are as follows. The complainant Sh. Kishan Lal Kohli deposited a sum of Rs. 1,42,600/- with the State Bank of India on 5th May 1989 in the Special Term Deposit for three years. It was to fetch interest @ 12% and its maturity date was 1st February 1992 and maturity amount was Rs. 2,03,319/- subject to the condition that the Bank would renew the deposit for a similar term at the said rate of interest at the time of renewal of STDR. Thereafter, the complainant has been approaching the Bank to give him back the said amount but it failed to do so. Legal notice was also sent by the complainant and the postal receipts dated 4th August 2009 and 15th July 2009 have been placed on the record. The complaint filed by the complainant before the District Forum was permitted and the State Bank of India was directed to deposit an amount of Rs. 2,03,319/- as on 1st February 1992 with interest from time to time of STDR as per bank policy till its realization. The complainant was also found entitled to a compensation of Rs. 10,000/- and litigation charges of Rs. 5,000/-. The State Bank of India was directed to pay the amount within 30 days, failing which, the complainant will also be entitled to further interest @ 9% from the date of filing of the complaint till its realization.

(2.) The District Forum sent notices to the State Bank of India. The State Bank of India did not appear before the District Forum and was proceeded against Ex parte on 16th February 2010. No effort was made by the State Bank of India to get the Ex parte set aside. It may be mentioned here that Kishan Lal Kohli had filed this case through his Special Power of Attorney Shyam Sunder Kohli who happens to be his real brother. The appeal was filed before the State Commission. Aggrieved by that order, the State Bank of India preferred an appeal before the State Commission. The State Commission dismissed its appeal on the following grounds. The appeal was filed 223 days from the pronouncement of the said order by the District Forum. The State Commission placed reliance on "Union of India Vs. Vijay Laxmi,2006 1 CPC 61", "State of Nagaland Vs Lipokao and Others, 2005 2 RCR(Cri) 414" and "D. Gopinathan Pillai Vs. State of Kerala and another, 2007 2 SCC 322". The State Commission rejected the application for condonation of delay in filing the appeal before it.

(3.) Secondly, the State Commission also held :-