2009 (3 ) AWC 3132 (SC), 2009 (2 )C.P.C.1 , 2009 (2 ) CCC 50 (SC ), 2009 (2 )CLJ(SC )1 , II (2009 )CPJ29 (SC ), 2009 (3 ) CPR 107 (SC ), 2013 (4 ) CPR 427 (SC ), 2010 (I )CLR(SC)497 , 2009 INSC 377 , JT2009 (4 )SC 191 , 2009 -3 -LW185 , 2009 (6 )MhLJ369 (SC), (2009 )4 MLJ126 (SC ), 2009 MPLJ309 (SC), (2009 )154 PLR496 , 2009 (2 )RCR(Civil)628 , 2009 (4 )SCALE467 , (2009 )5 SCC121 , [2009 ]4 SCR762 , 2009 (1 )UC669 , 2009 (4 )UJ1729 , ,MANU/SC/0420/2009Devinder Kumar Jain#R.M. Lodha#2225SC2220Judgment/OrderAIR#ALT#AWC#C.P.C.#CCC#CLJ#CPJ#CPR#CPR#CurLR#INSC#JT#LW#MANU#MhLJ#MLJ#MPLJ#PLR#RCR (Civil)#SCALE#SCC#SCR#UC#UJR.M. Lodha,SUPREME COURT OF INDIA2012-9-24When consequences provided by statute,Mandatory And Directory Provisions,Subsidiary Rules,Entertaining Complaint after Period of Limitation for Sufficient Cause,Limitation period,Consumer Disputes Redressal Agencies,Entertaining Complaint after Period of Limitation for Sufficient Cause,Limitation period,Consumer Disputes Redressal Agencies,Consumer Law,Interpretation of Statutes2760,26900 -->

MANU/SC/0420/2009

True Court CopyTM EnglishUJ

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2067 of 2002

Decided On: 20.03.2009

Appellants: State Bank of India Vs. Respondent: B.S. Agricultural Industries (I)

Hon'ble Judges/Coram:
Devinder Kumar Jain and R.M. Lodha

JUDGMENT

R.M. Lodha, J.

1. In this appeal by special leave an order passed by the National Consumer Disputes Redressal commission (hereinafter referred to as `National Commission') on October 1, 2001 is under challenge. The District Consumer Disputes Redressal Forum, 1st, Agra (hereinafter referred to as `District Forum') vide its order dated November 16, 2000 allowed the complaint filed by the present respondent (for short, `the Complainant') and directed the present appellant (for short, `the Bank') to pay to the complainant Rs. 2,47,154/- with interest @ 15% per annum from April 21, 1994 and Rs. 5,000/- towards compensation. The Bank challenged this order in appeal before the State Commission for Redressal of Consumer Disputes, Uttar Pradesh, Lucknow (for short, `State Commission') but without any success. The National Commission upheld the concurrent orders of consumer fora to which the Bank is aggrieved.

2. The complainant filed a complaint against the Bank on May 5, 1997 claiming an amount of Rs. 2,47,154/- for deficiency in service alongwith interest @ 12% p.a., litigation expenses and compensation. The complainant averred; that it has been carrying on business of manufacturing and supply of engines and pump sets all over India through their dealers and distributors; that it sent to the Bank seven bills amounting to Rs. 2,47,154/- drawn on M/s Unique Agro Service, P.O. Heria, District Midnapore (W.B.) together with GR's of transporters for collection of payment and remittance of proceeds to the complainant; that it instructed the Bank to deliver the bills and GR's against payment to the drawee (M/s Unique Agro Service) and charge interest @ 24% per annum from May 22, 1994 (if the documents are not retired by the drawee from the Bank within 30 days of the presentation of the bills); that the Bank was also instructed to return the bills and GR's if the drawee did not retire the bills within 45 days of the presentation........