Appeal no. 364 of 2016

05.06.2017

                         Heard the counsel  of the appellant and respondent. The issue is the filing of complaint within a period of one month. As per order dated  21.07.2014 in appeal no.34/ 1999, the certified copy of order was communicated  by state commission vide memo no. 989 dated 28.07.2014.

                        On behalf of the appellant it is submitted that without obtaining certified copy of the order a fresh complaint cannot be filed. However, the same was filed on 02.09.2014 after a delay of four days due to communication to the complainant and inturn to the concerned lawyer.

                        The delay of four days was not deliberated. The advocate for respondent  submits that the complainant was not serious and did not comply the order of the State Commission to file a fresh complaint.

                         Having considered the submission of the parties and impugned order as well as our order dated 21.07.2014 in Appeal no. 34 of 1999. We allow to file a fresh complaint and one more opportunity is given file a complaint  to prosecute  his complaint case.

                        Accordingly we allow a period of three weeks  for filing a fresh complaint from the receipt of the certified copy of present order. If such complaint is filed, the same will be disposed of expeditiously, Preferably within a period of  6 months. The impugned order is set aside and appeal is allowed.     

 Member(F)                                     Member(M)                                     President  

Avinash