NCDRC

NCDRC

RP/2719/2010

BSES YAMUNA POWER LTD. - Complainant(s)

Versus

LALWATI - Opp.Party(s)

M/S. K. DATTA & ASSOCIATES

13 Sep 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2719 OF 2010
(Against the Order dated 18/05/2010 in Appeal No. 898/2009 of the State Commission Delhi)
1. BSES YAMUNA POWER LTD.Shakti Kiran Building, Karkardoom, SahadaraDelhiDelhi ...........Petitioner(s)
Versus
1. LALWATIR/o. A-37, Part-A, Pandav NagarDelhi - 110092Delhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 13 Sep 2010
ORDER

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Heard Counsel appearing on both sides.  The appeal, filed by the present  petitioner before the State Commission was dismissed on the ground of delay in filing the appeal by 75 days.  The petitioner had filed an application for condoning delay of 75 days  explaining the cause for delay.  After going through the said explanation, we find that it is not a case of total inaction on the part of the petitioner, but there has been some lack of diligence in following up the matter including misplacing  the file by the Advocate concerned.    In view of this, we are of opinion that delay of 75 days in filing the appeal, before the State Commission is required to be condoned, subject to payment of cost of Rs.10,000/- by the petitioner to the respondent.  The cost shall be paid on or before the next date. In view of this, the delay is condoned and the order of the State Commission refusing to condone delay, is set aside.  The State Commission shall, therefore, hear the matter on merit.  The revision is, accordingly, allowed in the aforesaid terms, with no order as to cost. 

Parties shall appear before the State Commission on 8.11.2010 for taking the date of final hearing. 

          Dasti copy of the order be given to both the sides.

 

 



......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER