NCDRC

NCDRC

RP/4538/2010

DAYARAM & ANR. - Complainant(s)

Versus

CHIEF MEDICAL & HEALTH OFFICER, PANNA - Opp.Party(s)

MR. SARVAM RITAM KHARE

27 Jan 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4538 OF 2010
 
(Against the Order dated 03/10/2009 in Appeal No. 1446/2009 of the State Commission Madhya Pradesh)
1. DAYARAM & ANR.
Village Kariya, Tehsil Pawai
Panna
Madhya Pradesh
2. SMT. ASHA BAI, W/O. DAYARAM
R/o. Village Kariya, Tehsil Pawai
Panna
Madhya Pradesh
...........Petitioner(s)
Versus 
1. CHIEF MEDICAL & HEALTH OFFICER, PANNA
Government District Hospital
Panna
Madhay Pradesh
...........Respondent(s)

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

For the Petitioner :MR. SARVAM RITAM KHARE
For the Respondent :MR. RITESH KHARE

Dated : 27 Jan 2012
ORDER

This Revision Petition has been filed with a delay of 333 days which is over and above the statutory period of 90 days for filing the Revision Petition. The Consumer Fora are supposed to decide cases within a period of 90 days from the date of filing where evidence is not required to be taken and within 150 days where evidence is required to be taken. The delay of 333 days under the circumstances cannot be condoned without showing sufficient cause. The only reason given by the Petitioner for condonation of delay is that the Counsel for the Petitioner before the State Commission in whose office the file was kept suddenly fell ill and caught severe eye disease. The Counsel was under constant treatment in various hospitals and his eye sight could not be saved. He returned the file only in the month of September when he came back after treatment. No medical record or the certificate of doctor that the Counsel for the Petitioner was suffering from eye disease was filed. Day to day explanation of the delay has also not been explained. We are not satisfied with the cause shown. The application for condonation of delay is dismissed and as a consequence of the same Revision Petition is also dismissed as barred by time.

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

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