NCDRC

NCDRC

RP/3338-3360/2010

DIRECTOR TOWN & COUNTRY PLANNING, HARYANA - Complainant(s)

Versus

CHARU GERA & ORS. - Opp.Party(s)

MR. PRATHAM KANT

08 Oct 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 3338-3360 OF 2010
(Against the Order dated 21/05/2010 in Appeal No. 626-722/2010 of the State Commission Haryana)
1. DIRECTOR TOWN & COUNTRY PLANNING, HARYANAHUDA Building, Sector 12FaridabadHaryana ...........Petitioner(s)
Versus
1. CHARU GERA & ORS.R/o. 3-C/124, NITFaridabadHaryana2. THE PRESIDENT, FARIDABAD EX. SAINIK KARMCHARI CO. OP. HOUSING BUILDING SOCIETY LTD.Sector - 49FaridabadHaryana3. THE COMMISSIONERMunicipal CorporationFaridabadHaryana ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :Mr. N. K. Jain, Sr. ADv. for MR. PRATHAM KANT, Advocate
For the Respondent :NEMO

Dated : 08 Oct 2010
ORDER

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The State Commission dismissed the appeal as barred by limitation.  There was a delay of 838 days in filing the appeal.  The State Commission in its order has written that the delay of 838 days could not be condoned as the same ran against the very spirit of the Consumer Protection Act, 1986 where the maximum period for filing the complaint under Section 24 A has been prescribed to be two years from the date of arising of the cause of action.  The delay of

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more than two years in filing the appeal, under the circumstances, could not be condoned.  Moreover the appeal could be filed within           30 days of the passing of the order.  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, wherever expert evidence is required to be taken.  The inordinate delay of 838 days could not be condoned without showing sufficient cause.  Delay of each day has to be explained. 

          We find no infirmity in the order passed by the State Commission.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER