NCDRC

NCDRC

RP/1226/2010

ROMIT ENGINEERING - Complainant(s)

Versus

BANK OF BARODA - Opp.Party(s)

MR. SANTOSH KUMAR

23 Apr 2010

ORDER

Date of Filing: 29 Mar 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1226/2010
(Against the Order dated 22/08/2009 in Appeal No. 2401/2008 of the State Commission Madhya Pradesh)
1. ROMIT ENGINEERINGThrough its Proprietor Mrs. Asha Munoth, RH-11, Classic Purnima Estate, Khajrana Main RoadIndore - 452016Madhya Pradesh ...........Appellant(s)

Vs.
1. BANK OF BARODAThrough its Branch Manager, Industrial Estate BranchIndore - 452003Madhya Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :Mr.Atrul Sreedharan, Advocate for MR. SANTOSH KUMAR, Advocate
For the Respondent :NEMO

Dated : 23 Apr 2010
ORDER

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This Revision Petition has been filed with a delay of 145 days.  Under the Consumer Protection Act, consumer fora are expected to dispose of the complaint within a period of 90 days from the date of filing and, in case, some evidence is required to be led, then within 150 days.  Delay of 145 days cannot be condoned without sufficient cause being shown.  Only reason given is that Shri Vivek Aggarwal, who was the counsel for the petitioner, was appointed as a Govt. advocate of M.P. on 16.7.2009 and was posted in the Principal Bench at Jabalpur.  From the order passed by the State Commission we find that the appeal was decided by the State Commission on 22.8.2009 and Shri Aggarwal had appeared in the case.  The copy of the order was ready on 26.8.2009 and was supplied to the counsel for the petitioner on 1.9.2009.  Revision Petition was filed on 29.3.2010.  In the application for condonation of delay it is stated that the copy of the order was dispatched on 10.1.2010 and was received by the petitioner on 12.1.2010.  Order had been passed in the presence of Shri Aggarwal who received a copy of the order on 1.9.2009.  Explanation given by the petitioner for condonation of delay stands falsified by the facts present on the record.  Even if the petitioner received the copy of the judgement on 12.1.2010, Revision Petition was filed after two-and-a-half months of the receipt of the copy of the order on 12.1.2010, which show the callous attitude of the petitioner in showing an urgency to file the Revision Petition. 

We are not satisfied with the cause shown.  Application for condonation of delay is dismissed.

Even on merits, we do not find any substance in this Revision Petition.  State Commission has directed the petitioner to obtain no objection certificate from the Electricity Board to get discharge from the bank guarantee given by him.

Revision Petition is dismissed as barred by limitation as well as on merits.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER