West Bengal

StateCommission

RC/75/2011

Gopal Das. - Complainant(s)

Versus

Ajoy Mukherjee. - Opp.Party(s)

Mr. Alok Mukhopadhyay.

22 Sep 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
BHABANI BHAWAN (Gr. Floor),
31, Belvedere Road, Kolkata - 700027
 
RP No. 75 Of 2011
(Arisen out of Order Dated 11/02/2011 in Case No. 162/2010 of District South 24 Parganas DF, Alipore)
 
1. Gopal Das.
S/o Late H.P. Das, P-38, Ram Narayan Pally, P.S. Behala, Kolkata - 700 061.
...........Appellant(s)
Versus
1. Ajoy Mukherjee.
S/o Sri Asim Kumar Mukherjee, 47/21, Sisir Bagan Road, P.S. Behala, Kolkata - 700 034.
2. Rinku Mukherjee
W/o Ajoy Mukherjee, 47/21, Sisir Bagan Road, P.S. Behala, Kolkata - 700 034.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE PRABIR KUMAR SAMANTA PRESIDENT
 HON'BLE MRS. SILPI MAJUMDER Member
 HON'BLE MR. SHANKAR COARI Member
 
For the Petitioner:Mr. Alok Mukhopadhyay., Advocate
For the Respondent:
ORDER

No. 2/22.09.2011.

 

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

 

Revision Petitioner is present through Ld. Advocate.  Mr. Pratip Basu, the Ld. Advocate who had entered appearance on behalf of the O.P. No. 1 has also filed Vokalatnama on behalf of O.P. No. 2.  O.Ps file Written Objection to the petition for condonation of delay.

 

This is an application for condonation of delay in filing the above revisional application.  The revisional application has been filed out of time by about 40 days.  The impugned order was passed on 11.02.2011 and the present revisional application has been filed on 30.06.2011.  It has been stated in the above application that the Petitioner was lying ill from 15.02.2011 till 15.06.2011 for which the aforesaid delay has occasioned in filing this revisional application.  In support of such contention a medical certificate has been annexed to this petition.  The said medical certificate has been given by a Gynecologist.  That apart for which the Petitioner was treated for the aforesaid period is also not clear from the said medical certificate.  Furthermore, it appears from the records of this case that the Petitioner by putting his signature filed an application before the Forum below on 14.03.2011 for review of the impugned order.  All these facts clearly go to show that the Petitioner was not confined to bed during the period mentioned in the medical certificate so as to prevent him from filing this revisional application within the prescribed period of limitation.  The medical certificate as annexed to this petition for condonation of delay therefore, does not inspire any confidence to condone the delay in filing the revisional application.  The petition for condonation of delay is accordingly dismissed.

 
 
[HON'BLE MR. JUSTICE PRABIR KUMAR SAMANTA]
PRESIDENT
 
[HON'BLE MRS. SILPI MAJUMDER]
Member
 
[HON'BLE MR. SHANKAR COARI]
Member

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