NCDRC

NCDRC

RP/1002/2012

THE SPECIAL OFFICER, MANAPAD CATHOLIC COOPERATIVE SOCIETY - Complainant(s)

Versus

D. S. S. PALANIAPPAN & ANR. - Opp.Party(s)

MR. ASHWARYA SINHA & ABHISHEK PRASAD

15 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1002 OF 2012
 
(Against the Order dated 07/09/2009 in Appeal No. 657/2006 of the State Commission Tamil Nadu)
1. THE SPECIAL OFFICER, MANAPAD CATHOLIC COOPERATIVE SOCIETY
Manapad Catholic Cooperative Society,Manapad
Thiruchandaur
...........Petitioner(s)
Versus 
1. D. S. S. PALANIAPPAN & ANR.
S/o Subramanianm No-5 Thadiveeran Kovli West Street
Tirunelveli Town
2. The Secretary,
Manapad Catholic Cooperative Society, Manapa Post
Thiruchendur
...........Respondent(s)

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

For the Petitioner :
Mr.Abhishek Prasad and Mr.Ashwarya
Sinha, Advocate
For the Respondent :NEMO

Dated : 15 May 2012
ORDER

                There is a delay of 803 days in filing the revision petition, which is over and above the period of 90 days statutorily given to file the Revision Petition.  Under the Consumer Protection Act, the consumer fora are required to decide the cases in summary manner within a time frame, i.e., within 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 only reason given for condonation of delay is that the order of the State Commission got misplaced by the Secretary of the petitioner and could be traced after making huge efforts.  We are not satisfied with the cause shown.  The delay is more than the period prescribed for filing the complaint.  

Supreme Court, in a recent judgment, Anshul Aggarwal vs. New Okhla Industrial Development Authority – IV(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 803 days cannot be condoned. Application for condonation of delay is dismissed.   Consequently, the Revision Petition is dismissed as barred by limitation. 

 

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

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