ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Misc. Application No.151 of 2024 In/and First Appeal No.81 of 2024 Date of Institution : 29.01.2024 Date of Reserve : 29.10.2024 Date of Decision : 04.11.2024 ICICI Bank Ltd., Branch Sirhind, Jyoti Swaroop Mor, Sirhind, District Fatehgarh Sahib, through its Manager/Authorized Signatory Dinesh Garg son of Ved Parkash Garg, Legal Manager, ICICI Bank, City Emporium Mall, Industrial Area, Phase-1, Chandigarh.

…..Appellant/Opposite party Versus

1. Naresh Kumar Rai son of Sh.Naunidh Rai, resident of Village Jahlan, Tehsil and District Patiala, now resident of H.No.161-

162, New Green Park Colony, Tripuri, District Patiala.

2. Bank of India, Branch Chhoti Baradari, Patiala through its Manager.

3. Manager, Bank of India, Branch Chhoti Baradari, Patiala.

….Respondents

4. Manager, ICICI Bank Ltd., Branch Sirhind, Jyoti Swaroop Mor, Sirhind, District Fatehgarh Sahib.

….Proforma Respondent First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 21.02.2023 of the District Consumer Disputes Redressal Commission, Patiala.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs.Kiran Sibal, Member Present:-

For the appellant : Sh.S.K.Singla, Advocate For respondent No.1 : Sh.Dhruv Mittal, Advocate For respondents No.2&3 : None For respondent No.4 : Ex-parte HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/opposite party No.3– ICICI Bank Ltd. against the order dated 21.02.2023 passed by the District Consumer Disputes Redressal Commission, Patiala whereby the complaint filed by the respondent/complainant- Naresh Kumar was partly allowed against opposite party No.3 and passed the following order:

“i. To pay Rs.1,00,000/- as compensation along with interest @6% per annum from the date of deposit of the cheque i.e. 20.10.2016 till realization.

ii. To pay Rs.25,000/- as costs of litigation expenses.

Compliance of the aforesaid order be made by OP No.3 within 30 days from the date of receipt of certified copy of this order, failing which, it would be liable to pay interest @9% per annum, on the awarded amount till realization.”

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

M.A. No.151 of 2024 (Delay)

2. This order will dispose of the application filed with F.A. No.81 of 2024 under Section 5 of the Limitation Act for condonation of delay of 270 days in filing of the appeal.

3. This application is filed by the appellant/opposite party No.3 on the ground that the impugned order was passed on 21.02.2023, however, the same was conveyed to the Bank at later stage by the counsel representing the applicant/appellant and was informed that the decision was passed in the last week of June, 2023. Immediately, the applicant/appellant-Bank collected the entire record and certified copy of the judgment dated 21.02.2023 and sought the necessary approval from the competent authority to file the appeal and accordingly the appeal was filed. It is submitted that the applicant/appellant has a very good case of merits and prays to condone the delay of 270 days in filing the appeal.

4. Notice of the application was given to the respondents through Registered Post. The respondents No.1 to 3 appeared through their counsel, however, respondent No.4 did not appear before this Commission despite service, accordingly respondent No.4 was proceeded ex-parte, vide order dated 03.04.2024.

5. The respondent No.1 filed his reply taking preliminary objections that the application is not maintainable in the present form as no cogent reason has been given for condoning the delay in filing the appeal. The instant appeal has only been filed by the appellants to delay the payment of the award made in favour of the answering respondent by this Commission. No specific reason has been mentioned that how the delay of 270 days occurred in filing the appe