ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  2905 OF 2016

        (Against the judgment & order dated 20-06-2016 in Complaint

        Case No.409/2013 of the District Consumer Forum, Pratapgarh)

          Triyugi Narayan Mishra

S/o Late Harihar Nath Mishra

R/o Pura Ram Sahay

Post Belwar, Tehsil Machhali Shahar

District Jaunpur

                                                                  ...Appellant/Complainant

                                                     Vs.

Director

Indira Gandhi Eye Hospital & Research Centre

Operated by Rajiv Gandhi Charitable Trust

Munsiganj, Post H.A.L. Korwa Amethi

District Amethi 

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Appellant        :  Sri J. P. Pandey, Advocate.

For the Respondent     :  Sri Raje Bhasin, Advocate.               

Dated : 06-04-2018

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT 

Sri J.P. Pandey, learned Counsel for the appellant appeared.

Sri Raje Bhasin, learned Counsel filed vakalatnama for respondent. Objection was also filed against delay condonation application.

We have heard learned Counsel for the parties on delay condonation application.

Free certified copy of impugned judgment and order has been furnished to the appellant on 25-06-2016 whereas appeal has been filed on 02-12-2016 with 130 days delay. In affidavit filed in support of delay condonation application it has been stated by the appellant that appellant is an old poor person and he could not engage Counsel for filing appeal in time. The ground alleged for delay in filing appeal does not appear satisfactory.

It is pertinent to mention at this juncture that vide impugned order the

:2:

complaint has not been dismissed on merits. The District Consumer Forum, Pratapgarh has dismissed complaint on the ground of lack of territorial jurisdiction. The appellant is at liberty to file complaint in competent District Consumer Forum in accordance with law.

In view of above we find no sufficient ground to condone delay of appeal. Delay condonation application is rejected and appeal is dismissed as time barred.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

                                                                    ( MAHESH CHAND )

                                                                                     MEMBER                                                                                   

            Pnt