NCDRC

NCDRC

RP/1235/2012

MANAGER, STATE BANK OF INDIA - Complainant(s)

Versus

G.D. SULTANIA & 3 ORS. - Opp.Party(s)

M/S. M.V. KINI & CO.

27 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1235 OF 2012
 
(Against the Order dated 24/08/2009 in Appeal No. 767/2006 of the State Commission Andhra Pradesh)
1. MANAGER, STATE BANK OF INDIA
Account I and Adminstration Division, Mumbai Main Branch, Mumbai Samachar Marg, Post Box No-13
Fort Mumbai - 400 023
Maharastra
...........Petitioner(s)
Versus 
1. G.D. SULTANIA & 3 ORS.
House No-6-347/9/2 Dwarkapuri Colony, Panjagutta
Hyderabad
A.P
2. Mrs Durga Devi Sultania, W/o Mr G.D Sultania.,
House no-6-3-47/9/2, Dwarkapuri Colony, Panjagutta
Hyderabad
A.P
3. M/s Raashi Fertilizers Ltd.,
Regd office : 8 Swastik Chambers, C.S.T. Chembur
Mumbai - 400 071
Maharastra
4. The Managing Director, M/s Raashi Fertilizer Ltd.,
Regd Office: -8 Swastik Chambers, C.S.T. Road,Chembur
Hyderabad
A.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Vikas Soni & Mr. I. P. S. Oberoi, Advocates
For the Respondent :NEMO

Dated : 27 Apr 2012
ORDER

This revision petition has been filed with a delay of 805 days which is over and above the statutory period of 90 days given for filing the revision petition.   Under the Consumer Protection Act, 1986 a special period of limitation has been provided to ensure expeditious disposal of cases.  Complaint has to be disposed of within 90 days from the date of filing where no expert evidence is required to be taken and within 150 days where expert evidence is required to be taken.  The inordinate delay of 805 days cannot be condoned without showing sufficient cause.  The only reason given for condonation of delay is that the lawyer did not


 

 

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inform the petitioner.  We are not satisfied with the cause shown.  The delay is more than the period prescribed for filing the complaint.    Supreme Court, in a recent judgment, Anshul Aggarwal vs. New Okhla Industrial Development Authority – IV(2011)CPJ 63 (SC) has held that while deciding the application filed for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained.  Relevant observations are as under:

“It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer foras.

 


 

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The inordinate delay of 805 days cannot be condoned. Application for condonation of delay is dismissed as a consequence thereof revision petition is dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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