Rajasthan

StateCommission

A/346/2017

M/s Mcdonalds Family Restaurant Golcha Point throug Opration Consultant - Complainant(s)

Versus

Abdul Kayum s/o Sasirudin Shah - Opp.Party(s)

Ritu Agarwal

17 Apr 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 346 /2017

 

M/s. McDonald's Family Restaurant, Golcha Point, Panch Batti, M.I Road, Jaipur & ors.

Vs.

Abdul Kayum s/o Nasirudin Shah r/o House No. 1141, Near Bas Ki Pulia,Outside Chardarwaza, Jaipur &ors.

 

 

Date of Order 17.4.2017

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mrs. Meena Mehta -Member

 

Smt. Reetu Agarwal counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

 

2

 

This appeal has been filed against the order of the learned District Forum, Jaipur 3^rd dated 3.8.2016 whereby the claim has been allowed against the appellants. The matter has come upon application u/s 5 of the Limitation Act as the appeal has been filed with delay of 195 days.

 

The contention of the appellant is that his counsel did not inform him about the judgment. This cannot appear reasonable and sufficient ground to condone the delay of 195 days. Hence, the appeal is liable to be dismissed on this ground alone.

 

Furthermore on the same facts earlier in First Appeal No.689/2015 the order of the Forum below was upheld hence, this matter is squarally covered by the M/s. Mcdonald Family Restaurant Vs. Nisha Goyal & ors. (supra) and in view of the above, there is no merit in this appeal not worth admission and stands dismissed.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

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