NCDRC

NCDRC

FA/584/2013

NATRANG VIBHAG DOODH UTPADAK SAHAKARI MANDALI LTD. - Complainant(s)

Versus

BANK OF BARODA - Opp.Party(s)

MR. ABHIJEET SINHA

30 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 584 OF 2013
 
(Against the Order dated 24/02/2010 in Complaint No. 42/2000 of the State Commission Gujarat)
1. NATRANG VIBHAG DOODH UTPADAK SAHAKARI MANDALI LTD.
SAHKARI MANDALI LTD., THROUGH ITS MANAGER, OFFICE AT: CHHASVAD, TALUKA:VALIYA, DISTRICT: BHARUCH
GUJARAT
...........Appellant(s)
Versus 
1. BANK OF BARODA
THROUGH BRANCH MANAGER, CHHAVSAD BRANCH, TALUKA: VALIYA
DISTRICT: BHARUCH
GUJARAT
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :MR. ABHIJEET SINHA
For the Respondent :NEMO

Dated : 30 Aug 2013
ORDER

State Commission has dismissed the complaint in default of appearance as also for lack of evidence.

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          This appeal has been filed with a delay of 1245 days which is over and above the statutory period of 30 days given for filing the appeal.   Under the Consumer Protection Act, 1986 a special period of limitation has been provided to ensure expeditious disposal of cases.  Complaint has to be disposed of within 90 days from the date of filing where no expert evidence is required to be taken and within 150 days where expert evidence is required to be taken.  The inordinate delay of 1245 days cannot be condoned without showing sufficient cause.  The only reason given for condonation of delay of 1245 days is that the main counsel did not inform the appellant about the impugned order the State Commission and he came to know only around 10.03.2013 that the State Commission dismissed the complaint in default of appearance on 24.02.2010.  We are not satisfied with the explanation given.            Day to day delay has not been satisfactorily explained.  Supreme Court, in a recent judgment, “Anshul Aggarwal vs. New Okhla Industrial  Development  AuthorityIV  (2011) CPJ  63  (SC)” has held that while deciding the application filed 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

 

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for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained. 

            We are not satisfied with the explanation given.  The inordinate delay of 1245 days in filing the appeal which is over and above the statutory period of 30 days given for filing the appeal, under the circumstances, cannot be condoned.  Application for condonation of delay is dismissed as a consequence thereof appeal is dismissed as barred by limitation.

 

 

 
......................
VINEETA RAI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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