NCDRC

NCDRC

RP/265/2012

SARITA DEVI - Complainant(s)

Versus

MAHINDRA & MAHINDRA FINANCIAL SERVICE LTD. - Opp.Party(s)

DR. RAMESH KUMAR HARITASH & DR. SUKHDEV SHARMA

04 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 265 OF 2012
 
(Against the Order dated 22/03/2011 in Appeal No. 393/2007 of the State Commission Haryana)
1. SARITA DEVI
having its Branch manager at: Old Bus Stand marked HUDA Complex
Sirsa
haryana
...........Petitioner(s)
Versus 
1. MAHINDRA & MAHINDRA FINANCIAL SERVICE LTD.
W/o Shri Ashok Kumar, R/o Chattargarh Patti Near Railway Crossing
Sirsa
haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 04 Apr 2012
ORDER

No one appears for the petitioner, therefore, the petition is liable to be dismissed in default. However, before parting with the matter, we would like to comment on the conduct of the Registry in processing different types of matters being filed and pending in this Commission. The office report submitted by the office is not initialled by any officer and does not show who is the author of this report. In the office report put up on the file, it is mentioned that the revision petition has been filed within limitation and there is no delay in filing the revision petition. The report appears to be palpably incorrect or wrong because firstly the office should have realised that the petitioner himself has filed an application for condonation of delay and secondly the officer who prepared the report has not cared to see the endorsements appearing on the certified copy of the impugned order filed along with the petition. One of the endorsement appearing on the copy made clearly shows that certified copy of the impugned order dated 22.03.2011 was supplied free of cost to the parties on 22.04.2011 but on an application made by the petitioner, another certified copy of the impugned order was supplied to the petitioner on 27.12.2011. It appears that office has taken-up the latter date as the date of issue of the impugned order, i.e., 27.12.2011 and taking the date of filing as 23.01.2012, computed the period of limitation and recorded that there is no delay in filing the revision petition. However, if we go by the first endorsement that the free copy was supplied to the parties as far back as on 22.04.2011, which is the date of supply of the order, the petition filed in 23.01.12 would be barred by limitation about by six months giving a margin of 90 days for filing such proceedings from the date of the receipt of the order. This is not the first instance when we have come across incorrect report submitted by the Registry. Henceforth, we direct that no matter shall be listed before this Bench unless the Office Report is verified by an officer not below the rank of Assistant Registrar and his name and signature shall appear on the office report. Order shall be placed before Registrar immediately for taking necessary action.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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