NCDRC

NCDRC

RP/1201/2013

M/S. KUONI TRAVEL (INDIA) PVT. LTD. - Complainant(s)

Versus

KRISHAN MURARI GUPTA - Opp.Party(s)

M/S. LEX GLOBAL

04 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1201 OF 2013
 
(Against the Order dated 04/09/2012 in Appeal No. 2451/2010 of the State Commission Madhya Pradesh)
WITH
IA/2183/2013,IA/2786/2013,IA/4757/2013
1. M/S. KUONI TRAVEL (INDIA) PVT. LTD.
THROUGH MR.MEHERNOSH BILLIMORIA, DEPUTY MANAGER (LEGAL) 8TH FLOOR, URNI ESTATE, 95 GANPATRAO KADAM MARG, LOWER PAREL (WEST)
MUMBAI - 400013
MAHARASTRA
...........Petitioner(s)
Versus 
1. KRISHAN MURARI GUPTA
S/O LATE SG.N.S JAIN, R/O E-4/207,ARORA COLONY
BHOPAL
M.P
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Priank Adhyaru, Advocate
For the Respondent :
Mr. Bhupesh Kumar Chandra, Advocate

Dated : 04 Sep 2013
ORDER

This revision petition has been filed with a delay of 116 days which is over and above the statutory period of 90 days given for filing the revision petition.   Under the Consumer Protection Act, 1986 a special period of limitation has been provided to ensure expeditious disposal of cases.  Complaint has to be disposed of within 90 days from the date of filing where no expert evidence is required to be taken and within 150 days where expert evidence is required to be taken.  The inordinate delay of       116 days cannot be condoned without showing sufficient cause.  The only reason given for condonation of delay of 116 days is that the delay occurred because the petitioner was misled by its counsel’s clerk in respect of order of the State Commission.  In this connection, it was contended that the counsel’s clerk had misinformed the petitioner by stating that due to certain administrative reasons certified copy of the order could not be made available by the Registry of the State Commission which was not factually correct. 


 

-3-

          Supreme Court, in a recent judgment, “Anshul Aggarwal vs. New Okhla Industrial  Development  AuthorityIV  (2011) CPJ  63  (SC)” has held that while deciding the application filed for condonation of delay, the Court has to keep in mind that the special period of limitation has been  prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained. 

            We are not satisfied with the explanation given.  The inordinate delay of 116 days in filing the revision petition which is over and above the statutory period of 90 days given for filing the revision petition, under the circumstances, cannot be condoned.  Application for condonation of delay is dismissed as a consequence thereof revision petition is dismissed as barred by limitation.

 
......................
VINEETA RAI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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