NCDRC

NCDRC

RP/1576/2019

KANPUR DEVELOPMENT AUTHORITY - Complainant(s)

Versus

DURGA PRASAD YADAV - Opp.Party(s)

MS. SHWETA KAPOOR,PRIYA PANDE & VINOD KUMAR

05 Sep 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1576 OF 2019
 
(Against the Order dated 30/06/2016 in Appeal No. 1839/2015 of the State Commission Uttar Pradesh)
1. KANPUR DEVELOPMENT AUTHORITY
THROUGH DEPUTY SECRETARY,(THROUGH ITS AUTHORIZED SIGNATORY) ZONE-4, MOTIJHEEL KANPUR NAGAR
DISTRICT-KANPUR
UTTAR PRADESH
...........Petitioner(s)
Versus 
1. DURGA PRASAD YADAV
S/O. MOTI LAL YADAV, R/O. KRISHNA PURAM, PAANI KI TANKI, GT ROAD,
KANPUR NAGAR
UTTAR PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Ms.Shweta Kapoor, Advocate
For the Respondent :

Dated : 05 Sep 2019
ORDER

        Present Revision Petition has been filed against the order dated 30.6.2016, passed by the State Consumer Disputes Redressal Commission, U.P. Lucknow (for short “the State Commission”), whereby the Appeal preferred by the Petitioner herein had been allowed in part.  Present Revision Petition has been filed with a delay of 1014 days.  An application seeking condonation of delay has been filed, which consists of 7 paragraphs and the relevant paragraphs seeking condonation of delay are Para-3 and 4, which, for ready reference, are reproduced below :

“3. It is submitted that after the impugned orders were passed and execution petition was filed, it was realized during the internal discussions of the Petitioner that the Petitioner was greatly and unjustly suffering due to the impugned orders and hence the delay has been caused in filing of the Revision Petition.  That on seeking an opinion from a panel advocate, it was discovered that the Petitioner had a good prima case on merits and the DCDRF had exceeded its jurisdiction by ordering the Petitioner not to collect interest on the late payment.  In fact, there is a huge loss being caused to the state exchequer on account of the interest loss.

 

4. That there was no intentional or deliberate delay in filing the RP in the time frame as prescribed by law, but the same was due to the aforesaid reason.  The Petitioner is thus seeking condonation of delay in filing the present RP.”

 

 

        From a reading of the aforesaid paragraphs, we find that the explanation given by the Petitioner seeking condonation of delay is very vague and unsatisfactory and cannot be accepted for condoning the huge delay of 1014 days.  We accordingly, decline to condone the delay and reject the Application seeking condonation of delay.

        Consequently, the Revision Petition is also dismissed.

        We may mention here that the learned Counsel wanted to argue the matter on merits but as we have declined to condone the delay of 1014 days in filing the Revision Petition, we have not permitted her to argue on merits.

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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