Uttar Pradesh

StateCommission

A/1193/2023

Mahesh Chandra (Dead) Suraj Kumar - Complainant(s)

Versus

Dakshinanchal Vidyut Vitran Nigam Ltd. - Opp.Party(s)

Prashant Mishra & Ranjan Tripathi

04 Aug 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP
C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010
 
First Appeal No. A/1193/2023
( Date of Filing : 19 Jul 2023 )
(Arisen out of Order Dated 09/09/2016 in Case No. Complaint Case No. CC/150/2015 of District Auraiya)
 
1. Mahesh Chandra (Dead) Suraj Kumar
Mohalla Thathrai Auraiya Pargana & Tehsil- Auraiyam, Dist.-Auraiya
...........Appellant(s)
Versus
1. Dakshinanchal Vidyut Vitran Nigam Ltd.
Through Adhishashi Abhiyanata Vidyut Vitran Khand Auraiya Dist.-Auraiya
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ASHOK KUMAR PRESIDENT
 
PRESENT:
 
Dated : 04 Aug 2023
Final Order / Judgement

ORAL

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW       

          A/1193/2023

Suraj Kumar and others V/s Dakshinanchal Vidyut Vitran Nigam Limited      

            04-08-2023

                   BY MR. JUSTICE ASHOK KUMAR, PRESIDENT

                                                 ORDER

This is an appeal filed by the appellant/complainant under Section 41 of the Consumer Protection Act, 2019 against the order passed by the learned District Consumer Commission, Oraiya in Complaint Case No. 150/2015 dated 09-09-2015 by which the aforesaid complaint has been dismissed.

Sri Prashant Mishra, Counsel for the appellant appeared.

            I have heard Counsel for the appellant at the admission stage itself and perused the impugned order as well as record.

            On perusal of the appeal it is found that the instant appeal has been filed beyond limitation as the impugned order has been passed by the learned District Consumer Commission, Oraiya on 09-09-2015 whereas the appeal has been filed on 19-07-2023 after a gap of more than about seven years.

            I have perused the delay condonation application alongwith the affidavit filed in support of the delay condonation application.

            Considering all facts and circumstances of the case as well as explanations given in the delay condonation application and also the submissions made by learned Counsel for the appellant, I am of the view that the appellant has failed to establish sufficient ground for condoning delay of appeal, therefore, the delay condonation application is rejected and the appeal is dismissed at the admission stage itself as time barred.

            Let copy of this order be made available to the parties as per rules.

            The Stenographer is requested to upload this order on the website of this Commission at the earliest.

 

                                        ( JUSTICE ASHOK KUMAR )

                                                      PRESIDENT

Pnt.

 
 
[HON'BLE MR. JUSTICE ASHOK KUMAR]
PRESIDENT
 

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