Timely filing of appeals, abuse of court process, and adherence to apex court decisions are crucial in determining the outcome of a petition.

JUDGMENT :

1. Heard learned counsel for the petitioner and Mrs. Shweta Pandey, learned counsel appearing on behalf of respondents and counsel for the State.

2. This petition has been filed by the petitioners seeking following relief :

"Issue a writ, order or direction in the nature of Certiorari quashing the order dated 01.04.2002 (Annexure-2) along with its execution Notice dated 24.05.2021 (Annexure-5) issued in Complaint No.80/1999 by the respondent no.2."

3. The compliant was filed in the year 1999 by the respondent no.2. The consequential effect goes to show that even after the judgment, the Consumer who has succeeded before the Commission is unable to get benefit of the judgment and decree for a small amount which was ordered by the Commission. The public bank as has rushed to this Court challenging the notice dated 24.05.2021 they could have very well appeared before the Commission. The Bank was the tenant. We are not going into the factual data at this stage, the petition lacks merit and bona fide.

4. The averments made in paragraph 7 cannot be gone into as the judgment of the Consumer/Conjugal Commission has attained finality. The petitioner had contested the litigation sum of Rs.1,01,145/- with interest @ 15% was ordered to be paid. The appeal was preferred before the State Consumer Redresssal Dispute Commission U.P. Lucknow. The State Consumer Redressal Dispute Commission, U.P. Lucknow rejected the appeal of the petitioner bank in the year 2018. The appeal was never filed before the National Consumer Dispute Redressal Commission even till date. The petitioner bank by way of a Gazette Notification No. 853 dated 22.02.2019 issued by the Government of India, the Prathama U.P. Gramin Bank came in force on 01.04.2019, on account of Amalgamation of erstwhile Sarva U.P. Vihar District-Moradabad. The petitioner bank states that they did not challenge the order dated 15.02.2018 because of Pandemic. The Pandemic said to be only in March, 2020. The amalgamation took place in the year 2019 that one full year but no such endeavors were made. The petition is also belated. The order of the Consumer Commission cannot be brought to challenge by way of seeking a writ of certiorari. The petition was filed without disclosing the date on which the matter was fixed on 30th July as the petition came to be filed on 16th August, 2021.

5. In that view of the matter, we have no other option but to dismiss the petition with no costs. The R.B.I. guidelines would not help the petitioner in this end in filing this writ petition. The order dated 01.04.2002 and the orders in appeal are very clear and categorical despite that the litigants cannot ripe the fruit of the decree passed by both the competent authorities which has attained the finality. We cannot go into the findings of the appellate authority, namely, The Consumer Dispute Redresssal Commission.

6. The petition lacks merit and is delayed. The appeal also has not been satisfactorily explained, however, we do not go in the same.

7. It is very clear that petitioner bank has challenged the issuance of notice issued by the State Consumer Redressal Dispute Commission, U.P. Lucknow. We have conveyed to the learned counsel for the petitioner that the writ petition against the issuance of notice by the Consumer Commission cannot be entertained and they should appear before the Commission and raised all objections but the learned counsel has conveyed that he has instructions to press the petition on the merits for the grounds which are alleged in the petition.

8. The ground taken, are as follows:-

"(a) During the period of running the term loan account of respondent no.3 and 4 even till its final payment made by the respondent no.3 and 4 never raised any dispute regarding interest, but without any reference to the petitioner bank had raised consumer complaint before the respondent no.2 against the petitioner bank and had claimed refund of interest amount @ 18% along with damages and cost etc.

(b) The complain