HON’BLE MR. SUDEB MITRA, PRESIDING MEMBER

Order No. 07

Date : 06.12.2024    

Feeling aggrieved by and dissatisfied with the judgement of CC/65/2018 pronounced on contest on 11.12.2023 by the Ld. DCDRC, Bankura against the applicants of this IA/45/2024 i.e. the OPs of CC/65/2018, they have preferred the Appeal A/26/2024 on 05.03.2024 before this Commission praying for setting aside the impugned judgement of CC/65/2018 dated 11.12.2023, pronounced by the Ld. Concerned DCDRC, Bankura and by filing the instant IA/45/2024 dated 30.03.2024 they have prayed for condonation of delay in filing the Appeal A/26/2024 against the impugned judgement of CC/65/2018 that was filed on 27.09.2018 before the Ld. DCDRC, Bankura.

    By filing the instant petition (IA/45/2024) for condonation of delay in preferring the A/26/2024 dated 05.03.2024, the applicants contended that the copy of the judement of CC/65/2018 pronounced on contest on 11.12.2023 by the Ld. DCDRC, Bankura could be received by the Applicant/Appellant side on 10.02.2024 from the Ld. Advocate representing the applicant/appellant side before the Ld. DCDRC, Bankura in CC/65/2018 as OP side in CC/65/2018. Thereafter, the applicant side had sent the whole matter for the approval of the Head Office of the Applicants within 15 days and the note of approval of the Head Office of the Applicant side to prefer appeal against the impugned judgement of CC/65/2018 dated 11.12.2023 reached the appellant/applicants’ side’s regional office on 25.02.2024.

   Subsequently, after consulation with their retained Ld. Counsel, the applicant side had filed the instant Appeal (A/26/2024), assailing the impugned judgement of CC/65/2018 pronounced on 11.12.2023 by the Ld. DCDRC, Bankura, praying for the setting aside the impugned judgement of CC/65/2018 dated 11.12.2023.

    It is the specific assertion of the applicants of the instant IA that had the applicants been informed earlier, they could have taken all appropriate steps to file the Appeal on time.

    This is contended by the applicants that there was no negligence and/or malafide intention but lack of communication of their Ld. Lawyer with them, caused delay, sustained from their end, in preferring the instant Appeal on time and they have prayed for condonation their unintentional of delay of 54 days, in preferring the Appeal.

    The complainant side/OP of this instant IA resisted this IA, contending, inter-alia, thay the delay caused was intentional and there was malafide intention of the applicants to cause such delay, at the cost of the OPs of this IA/Complainant of CC/65/2018 Biswadip Patra and the OP of this IA pressed for rejecting this IA as the same is baseless and not supported by legally sustainable justifications and as it assigns insufficient reasons/grounds to vindicate the prayer of the applicant side, as sustainable.

Point for consideration

     Now it is to be determined as to whether the instant IA deserves positive consideration, as prayed for and it is to be assessed on the other hand, as to whether the instant IA lacks merit, to be entertained as prayed for by the applicants.

Decision with reasons

   From the available materials on record it transpires that CC/65/2018 was filed on 27.09.2018 before the Ld. DCDRC, Bankura by the complainant of the said CC/65/2018, Biswadip Patra as per scopes of Sec. 13 of the C.P. Act of 1986 and for that reason within 30 days from the date of pronoucnment of judement of CC/65/2018 dated 11.12.2023 this Appeal should have been preferred by the OPs of CC/65/2018 i.e. the present applicant/appellant side of this IA and Appeal as well.

    Accordingly by 10.01.2024, this Appeal should have been preferred before this Commission, as per scopes of Sec. 15 of the C.P. Act of 1986 but instead of that it was filed on 05.03.2024 i.e. after sustaining delay of 54 days from the date statutorily stipulated as per C.P. Act of 1986 to prefer Appeal against the judgement of CC/65/2018 pronounced on contest on 11.12.2023.

    It appears from the case record that the Ld. Counsel for the OPs of CC/65/2018 had applied on 31.01.2024 for procuring the certified copy of the judgement of CC/65/2018 pronounced on contest on 11.12.2023 and that caused delay of more than 50 days from the date of pronouncement of contested judgement of CC/65/2018 just for applying for procuring the certified copy of the judgement of CC/65/2018.

    This lackadaisical approach of the Ld. Counsel of the OPs of CC/65/2018 could have been checked had the OPs of CC/65/2018 being the present applicants/appellants been vigilant and alert and sincere as to the proceedings of CC/65/2018.

   The applicants also could not establish categorically and irrefutably that when in particular i.e. on which date they were communicated with the certified copy of the judgement of CC/65/2018 dated 11.12.2023 since that is the starting point, as per scopes of R 5 (10) of the W.B. Consumer Protection rules, of the counting of period of limitation for filing Appeal and Revision.

    However, having regard to the fact that the applicants/appellants have subsequently tried to retrieve the situation by taking quick steps from the point of time of their receipt of information about the fate of CC/65/2018 to prefer this Appeal, and the inordinate delay has been explained cogently from their end to a reasonable extent, and having regard to the fact that substantial justice being paramount and pivotal, and the technical consideration should not be undue and uncalled for emphasis, I find that to deal with this Appeal let the instant IA be allowed on contest but with cost of Rs. 2,000/- (Two Thousand) only to be paid by the applicant side of this IA to the OP/Respondent of this IA Biswarup Patra, within 15 (fifteen) days from the date of passing this order of this IA by this Commission.

    Hence, it is

                                    ORDERED

    That the Applicants’ prayer for condonation of their delay (filed vide this Application IA/45/2024) in preferring the Appeal A/26/2024 is allowed on contest with cost of Rs. 2,000/- (Two Thousand) only to be paid by the Applicants of this IA within 15 (Fifteen) days from this order in favour of Biswarup Patra i.e. the Respondent of this Application.

    In this backdrop, 05.02.2025 is fixed for the appearance and hearing of the contesting parties of the Appeal A/26/2024 before this Commission.

    Both sides must come ready on the date fixed for hearing of A/26/2024.

    Let copy of this order be furnished free of cost immediately to the contesting parties of this IA and Appeal 26/2024.

   Let the concerned DCDRC, Bankura be informed accordingly and is requested to send up the exhaustive digitalized copy of the LCR of CC/65/2018, before this Commission at Asansol, for hearing as soon as possible.

    Accordingly, this IA 45/2024 stands disposed of on contest.