OM RICE MILLS Vs. BANK OF BARODA

JUDGEMENT

(1.) -Appellant was the complainant before the State Commission, where they had filed a complaint alleging deficiency in service on the part of the respondent.

(2.) Very briefly stated the facts leading to filing of the complaint were that the complainant approached the respondent for grant of loan which was sanctioned after which the complainant obtained the power connection and purchase mechanical and electrical appliances but the second respondent did not disburse the funds to purchase the main machine causing loss to the appellant/complainant. It is in these circumstances a complaint was filed before the State Commission, who after hearing the parties and taking into consideration that the recovery suit has already been decreed against the complainant and in favour of the respondent, the complaint was dismissed. Aggrieved by this order, an appeal was filed before us with a delay of 243 days.

(3.) We heard the learned Counsel for the appellant on the point of delay of 243 days in filing the appeal before us. Admittedly, the appellant got the certified copy of the order dated 15.12.2005 only on 20.1.2006 and this appeal has been filed on 7.2.2007. The application for condonation of delay has been filed. The only defence taken is, that the appellant was unwell and had to go through various medical tests and diagnosis persistently and was bed-ridden for months together for which reliance is placed upon the medical prescriptions.