State Commission has dismissed the appeal as barred by limitation as well as on merits. 

Petitioner filed the appeal before the State Commission on 18.7.2005 impugning the order of the District Forum dated 21.7.2002.  There was a delay of 3 years in filing the appeal.  The explanation given by the petitioner that the delay was of only 12 days as it had filed the appeal by counting the period of limitation from the passing of the order dated 7.6.2005 by the District Forum in the Execution proceedings was not accepted.  The State Commission rejected the application for condonation of delay by observing thus :

“The aforesaid order was passed on 21.7.2002.  This appeal challenging the said order was filed on 18.7.2005.  There is thus delay of about three years.  The appellant has filed a petition under See.5 of the Limitation Act contending that there was delay of only 12 days in filing the appeal.  The appellant has counted the period of limitation from the order dated 7.6.2005 passed by the District Forum in execution case.  The concept of the appellant in computing the period of limitation for challenging the order dated 21.7.2002 is wholly misconceived.  If the appellant was at all interested in challenging the said order, the appeal should have been filed within 30 days of receipt of the said order (the appellant in the petition under Section 5 of the Limitation Act avers that the said order was received on 28.9.2002).  No reason has been ascribed by the appellant as to why the appeal was filed in this Commission on 18.7.2005 after the period of three years.  On this ground alone the appeal deserves to be dismissed.”

        We agree with the view taken by the State Commission.  The petitioner filed the appeal after three years of the passing of the order by the District Forum.  The plea that there was a delay of only 12 days as it had filed the appeal by counting the period of limitation from the passing of the order dated 7.6.2005 by the District Forum in the Execution, was totally misconceived.  The appeal could be filed within 30 days of the passing of the order by the District Forum.  Under Section 24 of the Consumer Protection Act, complaint can be filed within two years.  Delay of three years in filing the appeal, which is more than the statutory period given for filing the complaint, cannot be condoned. 

Dismissed.