UNIT TRUST OF INDIA Vs. BIJAYLAL RATHOR

JUDGEMENT

(1.) THIS Revision Petition has arisen out of the Order of the Orissa State Commission at Cuttack dated 28.12.95 dismissing the appeal of the petitioner as time barred and upholding the order of the District Forum, Puri, Nayagarh dated 20.6.95 allowing the complaint and directing the opposite party to pay a sum of Rs. 10,000/- with interest at the rate of 12% p.a. from the date of payment till realisation besides a compensation of Rs. 4,000/- and costs of Rs. 500/-.

(2.) THE facts in brief are these : The complainant applied for 1,000 Units of the Unit Trust of India (for short called UTI) and handed over a Bank Draft No. 888952 dated 30.1.91 for Rs. 9,975/- plus Commission Rs. 25/-, in all Rs. 10,000/- to UTI agent Shri R.N. Swain for depositing the same to the UTI office. The complainant did not receive the Units and approached Shri R.N. Swain, the local agent of the UTI who was made the 2nd opposite party in the complaint. He admitted that he had received the draft in question dated 30.1.91 for Rs. 9,975/- for MTUS-90(TT) drawn on Calcutta for the complainant on 30.1.91 and the said draft alongwith the application form had been deposited with the UTI branch office, Bhubaneswar on 6.2.91. Alleging deficiency in service, the complaint was filed claiming several reliefs.

(3.) BEING aggrieved of the Order of the District Forum the UTI filed an appeal before the Orissa State Commission but it was delayed by a period of 54 days. The State Commission was not inclined to condone the delay and dismissed the application and consequently the appeal was dismissed as barred by limitation.