Respondent/complainant filed a complaint before the District Forum with the allegation that the petitioners and opposite party no.1 before the District Forum cheated him by selling a second hand Matiz Car passing it of as it was a New Car.  District Forum allowed the complaint and directed the petitioners as well as the opposite party No.1 to pay a sum of Rs.2,21,350/- with interest at the rate of 10% per annum w.e.f. 27.10.2003 till its realization.

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          Being aggrieved, petitioners filed an appeal before the State Commission which has been dismissed with costs of Rs.2000/-.  The State Commission dismissed the appeal as barred by time as well as on merits.  There was a delay of 120 days in filing the appeal.  Before the State Commission, the appeal could be filed within 30 days of receipt of the order.  The delay was 4 times more than the time granted for filing the appeal.  Consumer Foras are supposed to decide the case expeditiously in a summary manner.  Delay                   of 4 times over the statutory period granted for filing the appeal cannot be condoned under the spirit of Consumer Protection Act, 1986.  The State Commission was justified in dismissing the appeal on the ground of Delay.

          Even on merits, we agree with the view taken by the State Commission.  Case of the petitioner was that the complainant/respondent was made aware of the fact that an old car was being sold to him as a new car.  The State Commission in its order has recorded a finding, which has not been refuted by the counsel for the petitioner that the petitioner provided 3 free services

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for the car purchased as well as gave papers for registration.  If it was an old car of which registration had already been done in the name of another person, question of giving of papers getting the car registered would not have arisen.

            We agree with the view taken by the State Commission on merits as well.  Revision petition is dismissed.  No costs.