STATE CONSUMER DISPUTE REDRESSAL COMMISSION

BIHAR, PATNA

Review Petition. 02 of 2023

(Arising out of Appeal no. 388 of 2016)

Branch Manager, Bihar State Co-Operative Land Development Bank Samiti, Kahalgaon Branch, at + PO- Kahalgaon, District- Bhagalpur

                                                                                                                                                             … Respondent/Petitioner

Versus

Ramswarup Prasad Singh, Son of Parmeshwar Prasad Singh, Resident of Village- Bholsar, Post- Ekchari, PS- Kahalgaon, District- Bhagalpur

                                                                                                                                     …. Complainant/Respondents

Counsel for the Petitioner: Adv. Girijanand Prasad

Counsel for the Respondent: Adv.

Dated 14.03.2023

As per Sanjay Kumar, President.

O r d e r

Heard Girija Nand Prasad learned counsel for the Review petitioner representing Bihar State Cooperative Land Development Bank Samiti Kahalgaon Branch, Bhagalpur through its Branch Manager.

 Present Review Petition has been filed to review the order dated 03.01.2023 passed in Consumer Appeal no. 388 of 2016 by which the appeal preferred by the appellant was dismissed.

 Appeal was dismissed on ground of appeal being hopelessly time barred as appeal was filed after 12 years of the order passed by District Consumer Forum and no sufficient and satisfactory cause was shown to condone the delay in filing appeal.

          It is submitted on behalf of counsel for review petitioner that satisfactory explanation for delay was given in the application for condonation of delay as the branch Manager in whose tenure the order was passed by the District Consumer Forum had not communicated said order to the head quarter and only after joining of his successor branch Manager he informed the head quarter with respect to passing of the order by the District Consumer Forum, as a result of which there was delay of 12 years in filing the appeal, as such same ought to have been condoned by the State Commission.

          It was further submitted that at the time of admission while issuing notices cost of Rs. 500/- was imposed by the State Commission in its order dated 09.02.2017 as such appeal could not have been dismissed as time barred and was required to be heard on merit.

          This court on 09.02.2017 had passed following order which is reproduced below:

09.02.2017- This appeal has been filed after more than 12 years. Learned counsel for the appellant however submits that the public money of more than Rs. 1,50,000/- which may be settled with the loanee as such request for issuing notice we are not persuaded, however considering the persistent request subject to payment a cost of Rs. 500/-. Let notice be issued to the respondent in the admission matter. Appellant to take steps for service of notice within a period of two months. Put up on 30.03.2017 for filing postal receipt along with tracking report.

Having heard counsel for the review petitioner and on perusal of the record and appellate order, delay of 12 years in filing the appeal was never condoned by the State Commission. This court has held in the impugned order that there is inordinate delay of 12 years in filing the appeal and no sufficient cause for condoning the delay was made out, accordingly dismissed the appeal by order as impugned in this Review Petition.

There is no error apparent on the face of record requiring any interference by this Commission in its review jurisdiction.

          There is no merit in this Review Petition and is accordingly dismissed.

(Ram Prawesh Das)                                                  (Sanjay Kumar,J)

       Member                                                                                             President

Md. Fariduzzama