NCDRC

NCDRC

RP/1098/2010

MULLAPUDI MADHAVA RAO - Complainant(s)

Versus

KARUTURI SATYANARAYANA - Opp.Party(s)

MR. V. SRIDHAR REDDY

19 Mar 2010

ORDER

Date of Filing: 16 Mar 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1098/2010
(Against the Order dated 02/01/2008 in Appeal No. 899/2005 of the State Commission Andhra Pradesh)
1. MULLAPUDI MADHAVA RAO75-7-35, Ist Floor, Flat No. 1, Rohini Towers, GandhipuramRajahmundry - 3Andhra Pradesh ...........Appellant(s)

Vs.
1. KARUTURI SATYANARAYANAR/o. VaddiparruEast Godavari - 533235Andhra Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. JUSTICE R.K. BATTA ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 19 Mar 2010
ORDER

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In this revision, Registry has reported that there is delay of 678 days in filing the revision petition. In the condonation application the petitioner/opposite party alleging the delay of 715 days has sought condonation thereof stating that A.P. State Consumer Disputes Redressal Commission, Hyderabad has passed the impugned order dated 21.1.2008 ex parte. Petitioner was not served with the notice in appeal. Petitioner came to know of the said order on 21.1.2010 when the District Forum issued non-bailable warrant under Section 27 of the C.P. Act on an application filed for execution of this order by the respondent/complainant. Delay is neither intentional nor wilful. Copy of the order of State Commission under challenge is at page nos. 21 to 24. Against the presence of the counsel for respondent therein (petitioner in this revision), it is noted that the respondent was served through paper publication. We are therefore, not inclined to accept that the petitioner was not served with the notice in appeal. Petitioner, therefore, cannot take any advantage of this date of issue of non-bailable warrant by the District Forum. Application does not disclose sufficient cause to condone the said inordinate delay in filing revision petition. Accordingly, the application is dismissed. Revision too is dismissed as barred by limitation.
 


......................JK.S. GUPTAPRESIDING MEMBER
......................JR.K. BATTAMEMBER