10-10-2014: This appeal, with a delay of 5 years’ and 25 days’, has been preferred against the judgment and order dated 31.07.2009 passed by the District Forum, Pithoragarh in consumer complaint No. 41 of 2007.

The brief facts of the case are that earlier an appeal was also preferred by the appellant against the same judgment and order, which was registered as First Appeal No. 157 of 2009. The said appeal was dismissed by this Commission vide order dated 17.10.2013 in default of the appellant. 

Thereafter, the appellant moved a restoration application for recalling the order dated 17.10.2013, which was registered as Misc. Application No. 15 of 2014. The said restoration application was dismissed by this Commission vide order dated 27.08.2014 as not maintainable, being barred by time as well as on merits.

The appellant has further made a futile attempt of filing the present appeal against the same judgment and order dated 31.07.2009 passed by the District Forum. We do not find any provision under the Consumer Protection Act, 1986, by which we can come to the conclusion that this appeal is maintainable. Accordingly, the appeal registered as Misc. Application along with the delay condonation application is hereby dismissed in limine at the admission stage itself.