BRIJ KISHORE PANDEY & ANR. V/S U.P. AVAS EVAM VIKAS PARISHAD - Consumer Court Case

NCDRC

RP/3186/2009

U.P. AVAS EVAM VIKAS PARISHAD - Complainant(s)

Versus

BRIJ KISHORE PANDEY & ANR. - Opp.Party(s)

MR. VISHNU SHARMA

09 Oct 2009

ORDER

Date of Filing: 26 Aug 2009
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3186/2009
(Against the Order dated 29/01/2009 in Appeal No. 1014/2000 of the State Commission Uttar Pradesh)

1. U.P. AVAS EVAM VIKAS PARISHADThrough Its Managig Director. 104. Mahatma Gandhi Marg. Lucknow U.P						...........Appellant(s)
Vs.
1. BRIJ KISHORE PANDEY & ANR.S/o. Late. Sh. Bhagwan Pandey. R/o. Nehru Nagar. Chakiyawan Deoria U.P 2. BRANCH MANAGER Punjab National Bank Mani Branch Station Road. Deoria U.P						...........Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER

For the Appellant :

MR. VISHNU SHARMA

For the Respondent :

M/S. LAV KUMAR AGRAWAL & ASSOCIATES

Dated : 09 Oct 2009

ORDER

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Present Revision Petition has been filed with a delay of 111 days, which is over and above the statutory period of 90 days given for filing the Revision Petition. Under the Consumer Protection Act, the consumer fora are supposed to decide the complaint within a period of 90 days from the date of its filing and, in case, some evidence is required to be led, then within 150 days. Delay of 111 days cannot condoned without showing sufficient cause.

We have gone through the application for condonation of delay. Petitioner has not explained the day-to-day delay. The only reason given is that the file was moving from table to table. It is further stated that the petitioners were proceeded ex parte for non-appearance and, therefore, they came to know about the order later. After the cases are decided under the Consumer Protection Act, a copy of the order is sent to the parties concerned immediately. Plea that the petitioner did not come to know about the order passed by the District Forum cannot be accepted.

Revision Petition is dismissed on the ground of delay.

Even on merits, petitioner has no case. Dismissed.

......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER