NCDRC

NCDRC

FA/150/2013

KARTAR SINGH - Complainant(s)

Versus

BATRA HOSPITAL & MEDICAL RESEARCH CENTRE & ANR. - Opp.Party(s)

MR. AMIT K NAIN

12 Mar 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 150 OF 2013
 
(Against the Order dated 26/09/2012 in Complaint No. 42/2005 of the State Commission Delhi)
1. KARTAR SINGH
S/O. LATE SH. PRITAM SINGH, 38 NEW OFFICERS COLONY,
PATIALA
PUNJAB
...........Appellant(s)
Versus 
1. BATRA HOSPITAL & MEDICAL RESEARCH CENTRE & ANR.
TUGHALKABAD INDUSTRIAL AREA,
NEW DELHI-
2. NEW INDIA ASSURANCE COMPANY.
21, NEW FRIENDS COLONY,
NEW DELHI
...........Respondent(s)

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

For the Appellant :MR. AMIT K NAIN
For the Respondent :NEMO

Dated : 12 Mar 2013
ORDER

This appeal has been filed with a delay of 105 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

-2-

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                   105 days which is three times over the statutory period given for filing the appeal cannot be condoned without showing sufficient cause.  The only reason given in the application for condonation of delay is that the appellant received copy of the impugned judgment on 11.10.2012; that the appellant is an old man suffering from heart problem  and due to some health problems and undergoing medical treatment he was advised by the Doctors not to travel long distances due to which appellant could not engage a counsel on time and after engaging the counsel and completing the necessary formalities, it took some time to draft the appeal.  We not satisfied with the cause shown.  Appellant has not attached any Medical Certificate in support of explanation given by him.  Day to day delay has not been 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 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.  Relevant observations are as under:

“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 foras.”

 

             The inordinate delay of 105 days in filing the appeal which is more than three times over the period of , under the circumstances, cannot be condoned.  Application for condonation of delay is dismissed as a consequence thereof appeal is dismissed as barred by limitation.        

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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