High Court Kerala High Court

S.Chithra vs The Manager on 20 January, 2011

Kerala High Court
S.Chithra vs The Manager on 20 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37737 of 2010(N)


1. S.CHITHRA, W/O.RAVINDRAN, SAI KRISHNA,
                      ...  Petitioner

                        Vs



1. THE MANAGER, INDIAN BANK,
                       ...       Respondent

                For Petitioner  :SRI.J.JAYAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/01/2011

 O R D E R
                     ANTONY DOMINIC, J.
                      -------------------------
                  W.P (C) No. 37737 of 2010
                      --------------------------
              Dated this the 20th January, 2011

                         J U D G M E N T

Heard both sides.

2. Challenge in the writ petition is against Ext.P4,

the order passed by the Kerala State Consumer Disputes

Redressal Commission in I.A No. 369/2010 in First Appeal

161/2010. This order was passed on Ext.P3 application

made by the petitioner seeking condonation of delay of 309

days in filing the appeal. Consequently, by Ext.P5, the

appeal itself was dismissed.

2. A reading of the affidavit shows that the

petitioner herein was the complainant before the

Consumer Disputes Redressal Forum, Thiruvananthapuram

for realising an amount of Rs. 3,63,523/- from the

respondent which is alleged to have illegally recovered

from the petitioner. It is stated that on the dismissal of the

complaint, petitioner entrusted the case bundle to one

Rajasenan, Advocate of Thiruvananthapuram for preferring

an appeal. Subsequently she came to know that lawyer

committed suicide and that the appeal was not preferred.

W.P (C) No. 37737 of 2010
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It is stated that in the process she lost the case bundle

and therefore certified copy was obtained afresh and

thereafter the appeal was filed with a delay of 309 days.

3. A reading of Ext.P4 order passed by the

Commission shows that on more than one occasion, there

was no representation on behalf of the petitioner. It is

stated that on the materials available, the commission was

not satisfied with the genuineness of the reasons projected

for seeking condonation of delay.

4. Having considered the matter in its entirety, I

feel that the commission ought to have condoned the delay.

It is an admitted fact that the lawyer to whom the

petitioner is stated to have entrusted the case bundle had

committed suicide. If that fact is accepted, it probabilise

the case pleaded by the petitioner. Once the above case

pleaded by the petitioner found to be a probable one, in my

view, it eminently is a fit case for condoning the delay.

5. Therefore, I set aside Ext.P4 order passed by the

Kerala State Consumer Disputes Redressal Commission

dismissing the application made by the petitioner for

W.P (C) No. 37737 of 2010
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condonation of delay. Consequently Ext.P5 order dismissing

the appeal itself as barred by limitation has to be set aside

and I do so.

6. The writ petition will stand disposed of directing

that the Kerala State Consumer Disputes Redressal

Commission will entertain appeal No. 161/201 filed by the

petitioner, on merits, with notice to the parties and pass

orders as as expeditiously as possible.

Writ petition is disposed of as above.

Sd/-

ANTONY DOMINIC
JUDGE
ma

/True copy/

P.A to Judge

W.P (C) No. 37737 of 2010
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