KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
I.A. No. 1241/2023 in APPEAL No. 554/2023
ORDER DATED: 30.10.2024
(Against the Order in C.C. 540/2014 of DCDRC, Kozhikode)
PRESENT:
HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
PETITIONER/APPELLANT:
Honda Cars India Ltd., through its authorized representative, having its registered office at Plot No. 1, Sector 40/41, Surajpur, Kasna Rd., Greater Noida, Industrial Development Area, Gautam Buddh Nagar, Uttar Pradesh-210 306.
(By Adv. Sohail Mohammed Ansary)
Vs.
RESPONDENTS:
- Dr. Azra Nazer, W/o Dr. Abdul Nazer, ‘Serene’, Malaparamb, Kozhikode represented by POA Holder Siddique, S/o Moideen Koya Haji, ‘Flower’, Payyanakkal P.O., Kallai-Kozhikode-3.
(By Adv. Jwala K.P.)
- APCO Cars Pvt. Ltd., 24/1442 A and B, Mini Byepass Road, Puthiyara P.O., Calicut-4.
- Vision Motors Pvt. Ltd., NH Bypass, Ollukkara P.O., Thrissur-680 655.
ORDER
HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT
This is an application seeking for condoning the delay of 227 days in filing the appeal.
2. It is contended that the order was pronounced by the District Commission on 30.11.2022. The petitioner was not informed by his counsel about the order passed by the District Commission and hence the petitioner could not file the appeal. It was only when the appellant received summons in execution in April 2023, the appellant came to know about the order impugned. The appellant thereafter engaged the present counsel to file the appeal. The certified copy of the order was applied for on 26.05.2023 and it was received on 03.06.2023. However, on a perusal of the certified copy, it was found that the entire certified copy was not received, despite applying for the entire record. Thereafter, the petitioner again applied for the remaining documents and received them in July 2023. After getting the certified copy, the appeal was filed after sending it to the appellant for signing the affidavit. Since the appeal had to be filed in Kerala and the headquarters of the appellant is in Uttar Pradesh, some time was spent for signing the affidavit and dispatching them to Kerala for filing the appeal.
3. The 1strespondent filed objection strongly opposing the application.
4. Heard.
5. The object of the law of limitation is to put an end to every legal remedy and to have a fixed period of life for every litigation as it is futile to keep any litigation or dispute pending indefinitely. We may now go through the authorities on the point before proceeding further.
6. The Hon’ble Apex Court in Anshul Aggarwal v. New Okhla Industrial Development Authority (2011 KHC 5263 :2011 (14) SCC 578) held in paragraph 5 as hereinbelow:-
“5. It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this Court was to entertain highly belated petitions filed against the orders of the consumer fora”.
7. The Hon’ble Apex Court in Pathapati Subba Reddy(Died) by L.Rs. v. Special Deputy Collector (LA) reported in 2024 KHC 6197 : 2024 INSC 286 : 2024 Live Law (SC) 288, after considering various decisions of the Hon’ble Apex Court, held that the law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself. It was further held in the above decision that a right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time. The Hon’ble Apex Court further held in Pathapati Subba Reddy (Died) by L.Rs.(Supra) that the courts are empowered to exercise discretion to condone the delay if sufficient cause is explained, but that exercise of power is discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want of due diligence. The Apex Court also held that the merits of the case are not required to be considered in condoning the delay.
8. The National Commission in Liberty Videocon General Insurance Vs. MS. Rathod in First Appeal No. 1189 of 2023 held that where there is inordinate delay, negligence and want of due diligence, the delay condonation petition cannot be permitted. In the said case, the National Commission dismissed the application seeking for condoning the delay of 102 days in filing the appeal.
9. The National Commission in Appeal Execution No. 8 of 2024 held that when the appeal is filed beyond limitation, the applicant has to explain as to what sufficient cause which prevented him from approaching the court within the period of limitation. The National Commission further observed that adequate and enough reason must be there for condoning the delay. In the said case, the National Commission dismissed the application for condonation of delay of 39 days in filing the appeal.
10. In Kotak Mahindra Bank Ltd. Vs. New India Assurance Co. Ltd., the State Commission dismissed the application, for condonation of delay of 142 days, filed on the ground that the records were misplaced by the junior advocate of the counsel concerned. The National Commission did not interfere with the said order.
11. In the light of the above legal position, we have to test whether the delay in filing the appeal is liable to be condoned or not in this case.
12. It is admitted by the petitioner that the petitioner was duly represented by a counsel before the District Commission. The petitioner would contend that the counsel for the petitioner did not inform the petitioner about the order passed by the District Commission. Since the petitioner was aware of the proceedings before the District Commission, the petitioner cannot contend that the lawyer of the petitioner did not inform the petitioner about the order passed by the District Commission. Thereafter also, there was delay on administrative ground.
13. Having gone through the reasons stated by the petitioner, we are of the considered view that the reasons stated by the petitioner are not sufficient to condone the delay of 227 days in filing the appeal. That apart, there was gross negligence and want of due diligence on the part of the petitioner in this case. In the said circumstances, we are not inclined to condone the delay.
In the result, this application stands dismissed.
JUSTICE B. SUDHEENDRA KUMAR: PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No. 554/2023
JUDGMENT DATED: 30.10.2024
(Against the Order in C.C. 540/2014 of DCDRC, Kozhikode)
PRESENT:
HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
APPELLANT:
Honda Cars India Ltd., through its authorized representative, having its registered office at Plot No. 1, Sector 40/41, Surajpur, Kasna Rd., Greater Noida, Industrial Development Area, Gautam Buddh Nagar, Uttar Pradesh-210 306.
(By Adv. Sohail Mohammed Ansary)
Vs.
RESPONDENTS:
- Dr. Azra Nazer, W/o Dr. Abdul Nazer, ‘Serene’, Malaparamb, Kozhikode represented by POA Holder Siddique, S/o Moideen Koya Haji, ‘Flower’, Payyanakkal P.O., Kallai-Kozhikode-3.
(By Adv. Jwala K.P.)
- APCO Cars Pvt. Ltd., 24/1442 A and B, Mini Byepass Road, Puthiyara P.O., Calicut-4.
- Vision Motors Pvt. Ltd., NH Bypass, Ollukkara P.O., Thrissur-680 655.
JUDGMENT
HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT
In view of the dismissal of I.A. No. 1241/2023, this appeal stands dismissed as barred by limitation.
The statutory deposit made by the appellant shall be given to the 1st respondent, to be adjusted/credited towards the amount ordered by the District Commission, on proper acknowledgement.
JUSTICE B. SUDHEENDRA KUMAR: PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
