IMPORTANT POINT
Inordinate delay of 993 days in filing of revision petition cannot be condoned.

This set of five Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”), by Bank of Baroda, the sole Opposite Party in the Complaints under the Act, is directed against a common order dated 22.01.2015, passed by the Maharashtra State Consumer Disputes Redressal Commission at Mumbai (for short “the State Commission”) in Miscellaneous Applications No. MA/14/55 – 59 in First Appeals No. FA/14/145 – 149. By the impugned order, the State Commission has dismissed the Appeals, preferred by the Petitioner herein, as barred by limitation.

2. The Appeals had been filed by the Petitioner Bank against a common order, dated 16.07.2013, passed by the District Consumer Disputes Redressal Forum, Mumbai Suburban (for short “the District Forum”) in Complaint Cases No. 575, 638, 639, 640 and 641 of 2010. By the said order, while partly accepting the Complaints, preferred by the Complainants, the Respondents herein, alleging deficiency in service on the part of the Petitioner Bank in paying quarterly interest/pension at lesser rates to them, the District Forum had directed the Petitioner to pay to the Complainants interest @ 13% on the fixed deposits made by them under “Akshay Pension Deposit Scheme” since 30.06.2008 and consequently pay the differential amounts to them.

3. Since all the Complaints involve a common issue and similar facts, and the Fora below have also disposed of the Complaints/Appeals by their respective common orders, these Revision Petitions are also being disposed of by this common order. However, for the sake of convenience, Revision Petition No.73 of 2018 is treated as the lead case and the facts enumerated hereinafter are taken from the said Revision Petition.

4. The Complainants had made two term deposits of Rs.97,846/- and Rs.65,327/- with the Petitioner Bank under the aforesaid Scheme. Under the said Scheme, on deposit of certain fixed amount every month for a certain period, the Petitioner was to pay a Depositor a fixed amount as “Pension”, equal to quarterly interest, to be calculated at 13% p.a., till the amount deposited was withdrawn by the Depositor. On deposit of the aforesaid amounts, the Petitioner had issued Term Deposit Receipts in the name of the Complainants, showing the afore-stated interest rate. Vide its letter dated 23.12.1997, the Petitioner had also informed the Complainants that the said interest was payable until the amount was withdrawn by them. In January, 2007, the Complainants noticed that they had been receiving lesser pension/interest on the said deposits. They approached the Petitioner for rectification of the mistake but all their efforts in this behalf went in vain. In the said background, the Complainants filed their Complaints before the District Forum at Thane, which, vide its order dated 30.06.2009, allowed the Complaint(s). Being aggrieved, the Petitioner filed its Appeals before the State Commission, which, vide its order dated 07.06.2010, allowed the Appeals and remanded back the cases to the District Forum, Mumbai Suburban for fresh adjudication.

5. On appraisal of the evidence adduced by the parties, the District Forum, vide its order dated 16.07.2013, partly allowed the Complaints, with the afore-stated directions to the Petitioner.

6. Still aggrieved, the Petitioner again carried the matter further in its Appeals to the State Commission, albeit with a delay of 130 days. The State Commission, vide the order, impugned in the present Revision Petitions, has reached the conclusion that the explanation furnished for the afore-stated delay did not make out a sufficient cause for its condonation and, hence, dismissed the Appeals as barred by limitation.

7. Hence, the present Revision Petitions.

8. It is pointed out by the Office that these Revision Petitions are also barred by limitation, inasmuch as there is an inordinate delay of 993 days, almost seven times more than the delay in filing Appeals by the Petitioner before the State Commi