NCDRC

NCDRC

RP/3727/2010

CHOLAMANDALAM DBS FINANCE LTD. - Complainant(s)

Versus

DAGDU RAJVI GAIKWAD - Opp.Party(s)

M/S. SANJEEV SINGH ASSOCIATES

28 Feb 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3727 OF 2010
 
(Against the Order dated 11/06/2010 in Appeal No. 860/2006 of the State Commission Maharastra)
1. CHOLAMANDALAM DBS FINANCE LTD.
Registered office at: Dare House, 1st Floor, No.2, N.S.C.Bose Road,
Chennai-600001
Tamil Nadu
...........Petitioner(s)
Versus 
1. DAGDU RAJVI GAIKWAD
Mukam Post Taklibhan, Taluka-Shrirampur
Ahmednagar
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr.Sanjeev Singh, Advocate
For the Respondent :NEMO

Dated : 28 Feb 2011
ORDER

There was a delay of 188 days in filing the Appeal, which was over and above the period of 30 days statutorily given to an aggrieved party to file the Appeal.  The delay of 188 days, which is more than six times the statutory period given for filing the Appeal, could not be condoned without sufficient cause being shown.  The only explanation given was that the petitioner came to know about the impugned order on 16.4.2006.  State Commission has recorded in its order that one Mr.D.I. Goli had collected the copy of the impugned order on 21.9.2005 on behalf of the petitioner and no evidence has been led to show that Mr.Goli was not authorized to collect the copy on behalf of the petitioner. 

Under the Consumer Protection Act, the District Forum is supposed to decide the complaint within a period of 90 days from the date of filing and, in case, some expert evidence is required to be led, then within 150 days. 

          We agree with the view taken by the State Commission that sufficient grounds were not made out for condoning the inordinate delay of 188 days.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
SURESH CHANDRA
MEMBER

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