C.D.A. 310/2005

                                                 R.A. 15/2022

                                              M.C.691/2022

                             Heard learned counsel for  both the sides.

2.                          Learned counsel for the petitioner submitted that he has filed  a petition  to condone delay for filing review application on the ground that   the appellant has filed the appeal against consumer complaint but that appeal  was dismissed on 9.12.2019 by this Commission. The concerned  Advocates did not inform the parties to take step and after knowing about the dismissal of the  appeal he took steps for filing review application but at that time there is already delay of 1017 days.  The delay was  neither  intentional nor it is deliberate.  He further submitted that the Appeal  is of 2005  and was lying before the Commission till 2019 when same is  called and that matter was dismissed for default of the parties on 9.12.2019. So, under the circumstances he submitted to condone delay for  filing review application and  at the same time to allow the review application.

  3.                Learned counsel for the respondent submitted that the  petition for limitation has no merit only after the execution application,   complainant would get fruit  of  the decree  by the complainant, the present petition is filed  just to harass the complainant. Moreover, he submitted that  there is no date of knowledge mentioned  in the petition for limitation.  He vehemently opposed both the petitions.

4.        Considered the submission of respective parties,perused the order in question and  other materials on record.

5.                       On perusal of record, it appears that from 2005 the parties did not take step and the matter was taken up in 2019  and on that the parties remained absent for which the case was dismissed for default.  The petition for review disclosed the facts  that the appellant  came to know about  the disposal of the complaint case. The impugned order also has  no major amount awarded. When the petition for limitation is lacking the date of knowledge  of the appellant and there is  delay of 1017 days  review petition and each day of delay not   explained  by the parties. There is hardly any  merit in the petition for limitation.  Moreover, if we allow the petition, it will not protect the interest of the consumer who has been waiting for long time to get relief  as per the statute  of the C.P.Act   to which he is entitled to. Therefore, we do not allow the petition which is rejected for  the ends of justice.

                     In such situations, when  the petition for limitation is  rejected the petition for review also rejected being barred by limitation.                    

                     Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.