NCDRC

NCDRC

RP/4445/2010

A.C. THIPPESWAMY - Complainant(s)

Versus

ASHOK LEYLAND FINANCE & ANR. - Opp.Party(s)

MR. ASHWIN V. KOTEMATH

13 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4445 OF 2010
 
(Against the Order dated 21/04/2010 in Appeal No. 1299/2010 of the State Commission Karnataka)
1. A.C. THIPPESWAMY
R/at Behind Canara Bank, Holalkere
Chitradurga
...........Petitioner(s)
Versus 
1. ASHOK LEYLAND FINANCE & ANR.
Nandi Complex, 4th Main Road, Vinobhanagar, Opp. Puja International Hotel
Davangere - 02
Karnataka
2. THE GENERAL MANAGER, INDUS-IND BANK LTD.
No. 87, 2nd Floor, Indus-Ind House, Bull Temple Road, Basavangudi
Bangalore
Karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
MR. ASHWIN V. KOTEMATH, ADVOCATE
For the Respondent :NEMO

Dated : 13 Dec 2010
ORDER

Heard counsel for the petitioner.  The revision has been filed with delay of 119 days and the only reason given for delay in filing the revision is found in para 3 of the condonation application wherein it is stated that after handing over records to the counsel at Delhi, it took some time in getting the revision petition filed since the order of the District Forum was in Kannada which was got translated through a local counsel at Bangalore.  It is cannot be treated as sufficient ground to condone the enormous delay of 119 days.  The application for condonation of delay is, therefore, dismissed.

          Even on merits, we do not find that any case has been made out by the petitioner/complainant in appeal and the appeal was rightly dismissed by the State Commission.  The State Commission had very rightly observed that the allegations of the complainant in the said vehicle he kept 10 quintals of areca nut, 30 tholas of gold appears to be imaginary and unbelievable.  We fully endorse the findings of the State Commission.

In view of this, we do not find any merit in this revision to interfere in the impugned order of the State Commission.  The revision is dismissed both on the ground of condonation of delay as also on merits, with no order as to cost.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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