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Ministry of Railways filed a consumer case on 17 Jan 2018 against Jangi Ram Kaushal in the StateCommission Consumer Court. The case no is A/294/2017 and the judgment uploaded on 25 Jan 2018.
ORDER
Service is complete. Sh. Jangi Ram Kaushal, respondent has put in appearance in person. Alongwith the appeal, an application for condonation of delay of 71 days as per the applicants/appellants (as per the office report 47 days), in filing the appeal, has been filed. This appeal is barred by limitation. To condone the delay, following reasons have been given in the application:- “3. That the certified copy of the order dt. 31.08.2017 has been received on 07.09.2017 in the office of the present applicants. As soon as the certified copy of the order is received, the matter/case for further consideration/action to be taken has taken up with various authorities and it was decided by the higher authorities to file an appeal before this Hon’ble Commission against the order dt. 31.08.2017. Thus, there is delay of 71 days in filing the present appeal, which is bonafide and unintentional.”
It is stated that the delay occurred on account of departmental delays. No detail, as to at what stage the delay had occurred, who is responsible for causing that delay and whether prompt action was taken to file the appeal or not, has been given. There exist no evidence qua the aforesaid reason. In Sanjay Sidgonda Patil Vs. Branch Manager, National Insurance Co. Ltd. & Anr., Special Leave to Appeal (Civil) No. 37183 of 2013, decided on 17.12.2013, the Hon’ble Apex Court had refused to condone the delay of even 13 days. Further, in Anshul Aggarwal vs. New Okhla Industrial Development Authority [(2011) 14 SCC 578], the Hon’ble Apex Court held that that while deciding an application for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Act for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if highly belated petitions filed against the orders of the consumer foras are entertained. Accordingly, the application for condonation of delay stands dismissed. Consequently, the appeal also stands dismissed being time barred. Certified copy of this order be sent to the parties free of charge. |
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