NCDRC

NCDRC

RP/3514/2007

SAI SEEDS CO. - Complainant(s)

Versus

BANOTH BALAJI & ORS. - Opp.Party(s)

M/S. K.RADHA

26 Mar 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3514 OF 2007
 
(Against the Order dated 18/08/2007 in Appeal No. 1861/2007 of the State Commission Andhra Pradesh)
1. SAI SEEDS CO.
METPALLY, OPP. TO SUB STATION, K. N. R. ROAD,
KARIMNAGAR DIST.
A. P.
...........Petitioner(s)
Versus 
1. BANOTH BALAJI & ORS.
R/O TALESA THANDA, KHAMMAM RURAL MANDAL,
KHAMMAM DIST.
A. P.
2. SRI SAI PESTICIDES AND SEEDS
REP. BY ITS PROPRIETOR, POTTI SRIRAMULU ROAD, H. NO. 2-2-800/1,
KHAMMAM,
A. P.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :M/S. K.RADHA
For the Respondent :NEMO

Dated : 26 Mar 2012
ORDER

Petitioner filed the appeal before the State Commission with a delay of 194 days.  The State Commission dismissed the appeal as barred by limitation.  The statutory period given under the Consumer Protection Act, 1986 for filing the appeal is 30 days.  Under the Consumer Protection Act, the consumer fora are required to decide the case within a period of 90 days from the date of filing, in case, no expert evidence is required to be taken and within 150 days,


-2-

wherever expert evidence is required to be taken.  The inordinate delay of 194 days could not be condoned without showing sufficient cause.  Delay of each day has to be explained.  The only ground shown in the application for condonation of delay was that the file of this case had been mixed up with the old disposed of files in the office of the Advocate and could not be traced in time.  The State Commission did not accept this explanation and dismissed the application for condonation of delay, as a consequence thereof the appeal was dismissed as barred by limitation.  We agree with the view taken by the State Commission that the petitioner had failed to explain the delay satisfactorily.  Dismissed.

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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