PUNJAB NATIONAL BANK & ANR Vs. POONAM MAHESHWARI

JUDGEMENT

(1.) The State Commission dismissed the appeal on the ground that there was a delay of 201 days in filing the appeal before it by the Punjab National Bank on 29.09.2010. Ms. Punam Maheshwari, the complainant deposited one cheque in the sum of Rs.50,000/- for collection in her aforesaid savings account at Punjab National Bank, Kotwali Road, Sikar. The said cheque was issued by office Aryarup Tourism and Club Resorts Pvt. Ltd., which was valid for 6 months from the date of issue. The Bank did not collect this amount and validity period of the cheque expired. The Punjab National Bank did not appear before the District Forum and the District Forum allowed the complaint and directed the Bank to make payment of cheque amount to Rs.50,000/- within one month and also make payment of Rs.2,000/- compensation and Rs.1,000/- for litigation expenses.

(2.) In the delay application moved before the State Commission, the appellant explained that the concerned Manager has retired, therefore, the Bank could not appear before the District Forum. According to the State Commission, it was a lame excuse. It also noted that the Bank was served through Registered A.D. and the Bank is a Nationalized Bank, therefore, it was difficult to accept the reason, as satisfactory.

(3.) The Bank has filed this Revision Petition in this regard. It is contended that in the case of "Manoharan Vs. Sivarajan & Ors." in Civil Appeal No. 10581 of 2013 decided on 25.11.2013 by his Lordship Justice V.Gopala Gowda, the delay was condoned and the Hon'ble Supreme Court had placed reliance on a number of authorities. However, the counsel for the petitioner admitted that the said case was not under the Consumer Protection Act. He, however, contended that to decide the matter in accordance with Law, opportunity should be granted to the Punjab National Bank.