Rajasthan

StateCommission

A/1428/2015

Dana Ram Dhayal s/o Hari Singh Dhayal - Complainant(s)

Versus

Dev.P.G.Collage Through Secretary - Opp.Party(s)

Umesh Dubey

16 Dec 2015

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 1428/2015

 

Dana Ram Dhayal s/o Hari Singh Dhayal r/o Gram Sherawat Pura Tan Mundota Tehsil Amer Distt. Jaipur.

 

Vs.

 

Dev P.G.College through Secretary,Dev Education Society, Choudhary Charan Singh Colony, Pratap Nagar, Sanganer, Tonk Road, Jaipur & ors.

 

Date of Order 16.12.2015

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr.Umesh Dubey counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

The matter has come upon application u/s 5 of the

2

 

Limitation Act. The contention of the appellant is that he could know the decision only on 16.11.2015 when he went to the court. Admittedly the judgment has been passed on 28.9.2015 in presence of the advocate of the complainant. Hence, it does not lie in the mouth of the complainant to say that he was not having knowledge of the decision as in the presence of his agent i.e.advocate the judgment has been passed and there was no reason for the appellant to say that he was not having knowledge of the judgment when in the presence of the advocate the judgment has been passed. The appellant himself has stated that he has given date for judgment as 28.9.2015 but he did not come to have the information of the case and it was the willful act of the appellant. The explanation that he could know about the judgment only on 16.11.2015 had seems not to be plausible and reasonable and deserves to be dismissed.

 

In view of the above the application u/s 5 of the limitation Act is dismissed so also the appeal.

 

(Kailash Soyal) (Nisha Gupta )

Member President

 

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