This Revision Petition has been filed with a delay of 298 days, which is over and above the period of 90 days statutorily given to file the Revision Petition. Under the Consumer Protection Act, the 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 298 days cannot be condoned without sufficient cause being shown. Only reason given for condonation of delay is that father of the counsel, Ms.Tania Singh, Advocate met with a fatal accident and she had to rush to be with her aged mother and thereafter was unable to resume work and come back to Delhi on account of her mother’s condition. The date on which the father of Ms.Tania Singh met with an accident has not been given in the application but during the course of arguments, counsel for the petitioner stated that Col. S.K. Singh, father of Ms.Tania Singh, met with the accident on 27.5.2009. Revision Petition has been filed on 9.3.2010. It would be seen that the father of the counsel had met with the accident after the expiry of the period for filing the Revision Petition. State Commission disposed of the appeal in the presence of Shri Sanjay Srivastava, who had appeared on behalf of the petitioner. Since her counsel was present, petitioner would be assumed to be aware of the fact that the appeal had been disposed of by the State Commission on 22.1.2009. As to when the certified copy of the order was applied, has not been indicated by the petitioner. Another reason stated in the application is that certain documents, which were in vernacular, were required to be translated. Details of such documents have not been given in the application. This is a bald statement and cannot be accepted. We are not satisfied with the cause shown. Limitation to file the Revision Petition expired on 21.5.2009. Accident of the father of Ms.Tania Singh took place on 27.5.2009, i.e., after the expiry of limitation to file the Revision Petition. Moreover, father of Ms.Tania Singh, Col. S.K. Singh, had not appeared before the State Commission. Shri Sanjay Singh had appeared on behalf of the petitioner before the State Commission. Story put up now cannot be relied upon. Application for condonation of delay is dismissed. Consequently, Revision Petition is dismissed as barred by limitation.
......................JASHOK BHANPRESIDENT ......................S.K. NAIKMEMBER | |