Order No.07, Dated:02.02.2015

This record is placed before the Ld. Bench in view of the put up petition filed by the complainant.  After placement of the record we have noticed that this complaint is fixed for argument on 6.2.2015.  As this complaint has not yet been admitted because the petition for condonation of delay is pending for hearing, with a view to argue on the said petition the complainant has prayed for placement of record today.   Parties are present through their respective Ld. Advocates by filing haziras.  We have taken up the said petition for argument and its disposal in presence of Ld. Advocates for the parties.       

In the petition for condonation of delay filed by the complainant U/s 24A of the C.P. Act, 1986, it is stated that this complaint has been filed claiming for compensation due to deficiency in service and unfair trade practice on the part of the O.P.s.  It is stated that this complaint could not be filed within the statutory period  of limitation due to some reasons and for this reason this petition has been filed accompanied with the petition of complaint mentioning therein delay of 203 days in preferring this complaint.  The complainant has stated that the cause of action arose on 26.3.2012, but thereafter as the complainant was busy with the treatment of his wife as well as he himself also suffering from right knee pain he was directed by the Orthopedic Consultant not to move and take rest until his right leg got fully cured.  He attended the chamber of the doctor on 26.10.2014 while he felt some relief in his right knee.  Thereafter on 11.10.2014 he went to the Ld. Advocate for drafting of the complaint after completion of Puja vacation and after drafting the  petition of complaint as well as the petition U/s 24A of the petition this complaint was filed on 15.10.2014.  As the delay is bonafide and there is no intentional laches on his part, hence prayer has been made by the complainant to allow the petition filed U/s 24A of the C.P. Act, 986.  It is further mentioned by the complainant that if this petition is not allowed and complaint not admitted, he will suffer irreparable loss and injury.

            The petition for condonation of delay have been resisted by the O.P. No.1 as well as O.P. No.2 by filing written objection separately wherein it is stated that as no convincing cause has been assigned by the complainant in support of his contention regarding delay of 203 days in preferring of this complaint, the petition U/s 24A of the C.P. Act should go.  In this respect both the O.P.s have relied on several rulings in support of their respective contentions.  According to the O.P.s the petition is liable to be dismissed.

            We have carefully perused the petition of condonation for delay filed by the complainant as well as objection filed by the O.P.s separately thereto, and heard argument advanced by the Ld. Counsel for the parties.  At the very outset it is to be mentioned that on 12.12.2014,  the complainant has filed one petition stating some amendment in the petition for condonation of delay wherein it was stated that though it is mentioned in the petition that he went to the consultant on 26.10.2014 for his ailment but the actual date will be 26.9.2014.   Due to this typing mistake inadvertence such error has been cropped up.  In the petition in respect of such averment, we are of the view that truly such mistake cannot be stated as intentional laches or with malafide intention, on the contrary as there was no willful laches or negligence regarding such error, such amendment petition can be allowed.

            Now, we turn up our eyes to the fact whether the petition for condonation of delay can be allowed or not?

            It is seen by us that admittedly there is delay of 203 days in preferring of this complaint from the date of cause of action.  The complainant was under compulsion to file this complaint on or within 25.3.2014 to save the limitation, but the instant complainant was filed on 15.10.2014 i.e. not within the statutory period of limitation, but after lapse of about seven months from the date of cause of action, for this reason this complainant was filed accompanied with a petition of condonation of delay.  It is sated by the complainant that due to illness of his wife and more over he was suffering from right knee problem, it was not possible for him to file this complaint within due period and hence this delay.

            We have noticed that complainant did not adduce any cogent documents i.e. medical treatment papers to corroborate his contention that he actually was suffering from right knee problem for a very prolong period.  As no scrape of documents is forthcoming we are unable to convince with the statement as made out by the complainant in the petition for condonation of delay. 

As the complainant has miserably failed to convince us with documentary evidence we are unable to allow the petition for condonation of delay.  Accordingly, the  petition for condonation of delay is hereby dismissed on contest, however, considering the facts and circumstances there is no order as to cost.

            As the petition for condonation of delay is dismissed hence the complaint is also dismissed without being admitted as barred by limitation.