ALLAHABAD BANK, KOLKATA Vs. SHRAWAN KUMAR PODDAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 11.2.2013 passed by the learned State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. 612 of 2012 Allahabad Bank Vs. Shri Shrawan Kumar Poddar & Anr. by which, application for condonation of delay was dismissed and appeal was dismissed as time barred.

(2.) Brief facts of the case are that complainant/Respondent No.1 filed complaint before District Forum and submitted that for allotment of land, he applied by application and deposited Rs.17,820/- with OP No. 1/petitioner, who are authorized agent for collecting applications on behalf of OP No. 2/Respondent No. 2. It was further alleged that later on, complainant deposited amount with OP No. 2 and as scheme of allotment of plots was delayed, he requested for refund of amount to OP No. 2. As amount was not returned, alleging deficiency on the part of OPs, complainant filed complaint before District Forum. OP No. 1 filed written statement and prayed for dismissal of complaint. OP No. 2 did not appear and was proceeded ex-parte. Learned District Forum allowed complaint and directed OPs to refund Rs.84,951/- along with interest. OP no. 1 filed appeal before State Commission along with application for condonation of delay which was dismissed by impugned order against which; this revision petition has been filed.

(3.) None appeared for Respondent No. 2 even after service and he was proceeded ex-parte.