13/03/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on the petition for condonation of delay of 364 days in filing this Appeal.  The complaint bearing no.CC 270 of 2009 was allowed on contest with cost by the Learned District Forum, Kolkata, Unit-I and the Complainant being aggrieved by the said order has preferred the instant Appeal.

            It has been stated in the petition for condonation of delay that the Learned District Forum passed the impugned judgment on 04/11/11 and the Learned Advocate for the Complainant/Appellant obtained the certified copy on 14/12/11.  The Appellant could not meet the Senior Advocate as the Appellant was suffering from various ailments.  Thereafter the Appellant met the Senior Advocate and filed this Appeal. 

            It has been submitted by the Learned Counsel for the Appellant that there was no intentional delay or laches on the part of the Appellant in filing the Appeal and the delay should be condoned in the interest of justice. 

            The Learned Counsel for the Respondent opposed the petition for condonation of delay. 

            We have heard the submission made by both sides.  The complaint was allowed by the Learned District Forum on 04/11/11 and the certified copy was applied for on 14/12/11 which was delivered on the same date.  The Appeal was filed on 04/12/12.  In support of the contention of the Appellant a medical certificate dated 05/11/12 has been filed.  The report on USG is dated 30/06/11, that is, before the passing of the impugned judgment by the Learned District Forum.  The certificate dated 01/10/12 from Panchayat has been filed by the Appellant wherein it has been stated that the Appellant’s father expired.  The date of death has not been stated therein.  The medical certificate and the certificate issued by the Panchayat do not come in the aid of the Appellant’s contention, in as much as, there is no reasonable explanation for the delay from the date of obtaining certified copy, that is, 14/12/11 till the filing of the Appeal.

            The Hon'ble Apex Court in the case of Anshul Aggarwal Vs. New Okhla Industrial Development Authority reported in IV (2011) CPJ 63 (SC) has been pleased to observe as follows:

“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.”

            Having heard the Learned Counsel for the parties and on perusal of the papers on record, we are of the considered view that the inordinate delay of 364 days in filing the Appeal has not been sufficiently explained. 

            The petition for condonation of delay is rejected.  Consequently, the Appeal being time barred also stands dismissed.