NCDRC

NCDRC

RP/3079/2011

M/S. SHIVSU MICROTEK BOTTLING SYSTEM PVT. LTD. - Complainant(s)

Versus

ANUP PATRO - Opp.Party(s)

MR. R.D. MISHRA

07 Mar 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3079 OF 2011
 
(Against the Order dated 26/07/2011 in Appeal No. 554/2008 of the State Commission Orissa)
1. M/S. SHIVSU MICROTEK BOTTLING SYSTEM PVT. LTD.
Corporate Office, 14,Supertank Road,
Chetpet
Chennai - 600031
...........Petitioner(s)
Versus 
1. ANUP PATRO
Near Roselanf Lodge, Jeypore, Barniput, PO Jeypore
Koraput
Orrisa
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. R.D. MISHRA
For the Respondent :NEMO

Dated : 07 Mar 2012
ORDER

 

Petitioner was opposite party before the District Forum. Complaint filed by the complainant-respondent was allowed by the District Forum, aggrieved against which petitioner filed the appeal with a delay of eight months and ten days.

 

-2-

 

          State Commission by the impugned order has declined to condone the inordinate delay of 250 days in filing the appeal, as a consequence thereof dismissed the appeal as barred by limitation.

          Delay of 250 days was over and above the statutory period of 30 days in filing the appeal. Under the Consumer Protection Act, foras are required to decide the cases in time bound manner i.e. within 90 days where no evidence is required to be taken and within 150 days where expert evidence is required to be taken. Delay of 250 days cannot be condoned without giving sufficient cause. The only reason given by the petitioner to condone the delay was that the file was moving from table to table to get sanction for filing the appeal.

          We agree with the view taken by the State Commission that the petitioner had failed to show sufficient cause to condone the delay. Delay of each day was also not explained. We do not find any merit in the revision petition and dismiss the same with no order as to costs.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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