NCDRC

NCDRC

RP/4081/2009

WARDHA NAGRI SAHAKARI ADHIKOSH (BANK) - Complainant(s)

Versus

GANESH RUPCHAND DEWANI - Opp.Party(s)

MR. AVINASH PALIKUNDWAR

20 Nov 2009

ORDER

Date of Filing: 06 Nov 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4081/2009
(Against the Order dated 20/02/2009 in Appeal No. 892/2005 of the State Commission Maharastra)
1. WARDHA NAGRI SAHAKARI ADHIKOSH (BANK)Adhikosh Bank Maryadit. Wardha . Main Branch By Its Branch Manager. ...........Appellant(s)

Vs.
1. GANESH RUPCHAND DEWANIR/o. Dayal Nagar. Wardha In his Capacity as Proprietor. of M/s. Rupa Agency. Wardha ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :Mr. S.W. Ghate, Advocate for MR. AVINASH PALIKUNDWAR, Advocate
For the Respondent :NEMO

Dated : 20 Nov 2009
ORDER

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          This Revision Petition has been filed with a delay of 169 days, which is over and above the period of 90 days statutorily given for filing the Revision Petition.  No application for condonation of delay was filed originally but counsel for the petitioner has handed-over a copy of the application for condonation of delay today in court, which is taken on record.  Office is directed to assign a Misc. Application Number to the same.

          We have gone through the application for condonation of delay.  In the present case, the State Commission had passed the order on 20.2.2009.  It is written in the order that the copy of the order be supplied to the counsel for the parties.  Counsel for the petitioner states that he had received the copy on 21.10.2009 and there is endorsement to that effect on the impugned order.  There is no seal of the office/signatures of the person who has endorsed it. 

          Under the Consumer Protection Act, consumer fora are required to decide the case within a period of 90 days from the date of filing, in case, no evidence is required to be taken and within 150 days, wherever evidence is required to be taken.  Delay of 169 days cannot be condoned without sufficient cause being shown.  We are not satisfied with the cause shown.  Application for condonation of delay is dismissed.  Consequently, Revision Petition is dismissed as barred by time.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER