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Sanjay K Balan & Another v/s The Manager, Customer Services/Correspondence Depdt., SBI, Cards and Payments Services Pvt. Ltd., Haryana


Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- SANJAY CORPORATION LIMITED [Active] CIN = U16009GJ1999PLC035814

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- CARDS SERVICES INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074505

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- HARYANA SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2001PTC110742

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- V F M CARDS LIMITED [Strike Off] CIN = U99999MH1997PLC111773

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

    I.A.54 of 2019 In Appeal No. 27 of 2019

    Decided On, 29 January 2020

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. JUSTICE K. SURENDRA MOHAN
    By, PRESIDENT
    By, THE HONOURABLE MR. R. RANJIT
    By, MEMBER & THE HONOURABLE MRS. A. BEENA KUMARI
    By, MEMBER

    For the Petitioners: C.K. Anwar, Advocate. For the Respondent: ----



Judgment Text


K. Surendra Mohan, President

The petitioners seek condonation of a delay of 131 days in filing the appeal. The reason stated for condoning the delay is that the appellants are Architects/interior contractors by profession. Since they have clients across the country, they had to be regularly out of station, travelling in connection with work related engagements. Therefore, they were not able to file the appeal within time. The 2nd appellant is his wife and she was also accompanying him.

2. A counter affidavit has been filed by the respondent disputing the reasons stated for condoning the delay.

3. Heard.

4. We are not satisfied that the delay in this case has been satisfactorily explained. No grounds have been made out for condonation of the inordinate delay of 131 days in filing the appeal. We have also perused the contentions of the appellants in the complaint filed. We find that the complaint itself was filed agitating a time barred issue. The District Forum has dismissed the complaint as time barred. Therefore we are not satisfied that the appellants have any case on the merits also. The counsel for the complainant has placed reliance on the decision in Mistri Jayantilal Vithaldas Vs. The Idar Nagarik Sahakari Bank Ltd. 2013(2) CPR 443 (NC) to put forward a contention that, in complaints regarding financial services, the limitation has to be counted from the date of demand. The facts in the said case reveal that, there the rate of interest of a fixed deposit had been reduced by the bank during the period for which it had been made. The complainant waited till the fixed deposit matured to file his complaint. The National Commission found that, the limitation had to be counted from the date of demand and that the conduct of the complainant in having waited till the Fixed Deposit matured cannot be found fault with. No such situation exists in the present case. Here, the allegation is that the respondents had not provided certain services offered by them under an insurance policy and that, without providing any service, a demand had been made by them in 2007 for charges which they recovered. The allegation in the complaint is that, the said demand was made without providing services. Though the incident occurred in 2007, the demand for return of the payment was made

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only in 2015. The said demand cannot revive the issue that had already become time barred. Therefore the decision on which reliance has been placed has no application to the facts of this case. For the foregoing reasons this petition is dismissed.
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