NCDRC

NCDRC

RA/265/2016

M/S. MUTHOOT FINANCE LTD. - Complainant(s)

Versus

H.B. MOHAMMED & ANR. - Opp.Party(s)

M/S. KOHLI & SOBTI

22 Dec 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVIEW APPLICATION NO. 265 OF 2016
 
IN
RP/2648/2013
1. M/S. MUTHOOT FINANCE LTD.
...........Appellants(s)
Versus 
1. H.B. MOHAMMED & ANR.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI,PRESIDING MEMBER

For the Appellant :NEMO
For the Respondent :NEMO

Dated : 22 Dec 2016
ORDER

Petitioner has filed this review application as permitted by Hon’ble Apex Court vide order dated 12-02-2016 passed in SLP No. 19712 of 2015 along with application for condonation of delay. I have gone through application for condonation of delay as well review petition.

          Hon’ble Apex Court granted liberty to file review application which was to be filed within the time stipulated time meaning thereby review application was to be filed within 30 days from 12-02-2016 whereas review application has been filed on 20-10-2016 i.e. after more than eight months of order of Hon’ble Apex Court. Petitioner has filed application for condonation of delay in which it was mentioned that he received certified copy of Apex Court order on 23-02-2016.  It was further mentioned that petitioner was ill and advised rest by doctor from 15.02.2016 to 15.07.2016 and in support of this allegation he has filed certificate of Dr. Shyam Prasad Shetty which runs as under:--

          “This is to certify that Mr. H.B. Mohammed (illegible) 54423 is suffering from (illegible).  He is advised to take rest from Feb. 15th, 2016 to July 15th, 2016.”

 

          This certificate does not contain as to when doctor examined the petitioner and what investigations and medicines were prescribed.  In such circumstances only on the basis of aforesaid medical certificate it cannot be presumed that petitioner was ill for a period of five months and he was not in a position to file review application.   It was further mentioned in the application for condonation of delay that petitioner sent copy of order along with related documents to advocate in August, 2016 whereas review application has been filed on 10-10-2016 and no explanation has been given for not filing review petition immediately after recovery from illness.  I do not find any reasonable explanation for condonation of inordinate delay of more than seven months and as review application has not been filed within prescribed period, review application is liable to be dismissed as barred by limitation.  On merits also, I do not find any error apparent on the face of record in order dated 20th March, 2015 which calls for review. Hence review petition is dismissed as barred by limitation as well as on merits.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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