HEMA HITESH SHAH Vs. HDFC BANK LIMITED

JUDGEMENT

(1.) The present appeal has been filed against the Order dtd. 13/2/2019 by which the application of the complainants / appellants herein, for condoning the delay in filing the complaint, was dismissed.

(2.) The admitted facts of the case are that the appellants had a joint account with the respondent bank from the year 1999 to 2000. Against that account the appellants had taken a loan and pledged their shares with the respondent bank. The pledged shares were sold by the respondent bank in December, 2008 and the same was intimated to the complainants / appellants vide letter dtd. 31/12/2008.

(3.) Those shares were sold by the respondent bank in December, 2008 and after adjustment of the loan amount, balance was credited in the joint account of the complainants. The complainants were also duly informed of the same in the year 2008. A complaint before the banking Ombudsman was also filed by the complainants / appellants in the year 2009 and vide communication dtd. 4/9/2009 the Ombudsman refused to interfere in the matter. The first complaint was filed by the complainants / appellants in the year 2015 before the State Commission. Along with that complaint no application seeking condonation of delay in filing the complaint was filed. The said complaint was however withdrawn by the complainants which was allowed by the State Commission vide its Order dtd. 3/5/2016 and on the request of the complainants liberty was given to them to file fresh one. Fresh Complaint No. 1070 of 2016 was filed by the complainants along with application for condonation of delay in filing the said complaint.