KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM I.A.1258/09 IN APPEAL:601/2009 ORDER DATED:04..05..2010. PRESENT SMT.VALSALA SARANGADHARAN : MEMBER SRI.M.V.. VISWANATHAN : JUDICIAL MEMBER SRI.S. CHANDRAMOHAN NAIR : MEMBER 1.The Secretary, KSEB, Vydhyudhi Bhavan, Pattom.P.O, TVPM. : PETITIONERS 2.The Asst. Engineer, KSEB, Kalpetta. (By Adv: Sri.S.Balachandran) Vs. 1.Mammutty Haji, S/o Abdulla Haji, Proprietor, ‘New Form Hotel’, Main Road, Kalpetta (P.O), Wayanad. 2.Kashayakandy Ibrahim, Arakkal Shaniba Mnazil, Near fathima Matha, Mission Hospital, Kalpetta.P.O. 3.K.Kunhabdulla, S/o Soopy, Bismilla Manzil, Mess House Road, Kalpetta Village, Vythiri Thaluk. 4.M.Ahammed, S/o Mammu, : RESPONDENTS Suhara Manzil, Anassery amsom desam, Atholi.P.O, Kozhikode dist. 5.C.M.Ammed, S/o Hassan, Caliyadan (H), Randenal, Ellumandam.P.O, Edavaka, Wayanad District. 6.C.M.Ismayil, S/o Moidu Haji, Thavakkal House, Ambilery, Kalpetta.P.O, Wayanad Dist. ORDER SRI.M.V. VISWANATHAN : JUDICIAL MEMBER This petition is filed to condone the delay of 97 days in preferring the present appeal. As per the petition there is delay of 97 days in preferring the appeal. No specific reason or ground is stated for condonation of delay. There is only a vague statement that the authorities under the KSEB would not take the decision within the time stipulated by the Consumer Protection Act. The averments in the affidavit would make it clear that the officials of KSEB were negligent and only because of their negligence and laches there occurred the delay of 97 days. So, the appellants have to suffer the consequence of their negligence and laches. We do not find any ground to condone the delay of 97 days in preferring the present appeal. It is also to be noted that almost all appeals are being filed by KSEB with inordinate delay. It is the practice of the appellant/KSEB to file appeals with delay petition. So, such a practice cannot be encouraged or appreciated. Thus, in all respects the present petition for condonation of delay is liable to be dismissed. In the result this petition is dismissed. M.V.. VISWANATHAN : JUDICIAL MEMBER VALSALA SARANGADHARAN : MEMBER S. CHANDRAMOHAN NAIR : MEMBER VL. KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL:601/2009 ORDER DATED:04..05..2010. PRESENT SMT.VALSALA SARANGADHARAN : MEMBER SRI.M.V.. VISWANATHAN : JUDICIAL MEMBER SRI.S. CHANDRAMOHAN NAIR : MEMBER 1.The Secretary, KSEB, Vydhyudhi Bhavan, Pattom.P.O, TVPM. : APPELLANTS 2.The Asst. Engineer, KSEB, Kalpetta. (By Adv: Sri.S.Balachandran) Vs. 1.Mammutty Haji, S/o Abdulla Haji, Proprietor, ‘New Form Hotel’, Main Road, Kalpetta (P.O), Wayanad. 2.Kashayakandy Ibrahim, Arakkal Shaniba Mnazil, Near fathima Matha, Mission Hospital, Kalpetta.P.O. 3.K.Kunhabdulla, S/o Soopy, Bismilla Manzil, Mess House Road, Kalpetta Village, Vythiri Thaluk. 4.M.Ahammed, S/o Mammu, : RESPONDENTS Suhara Manzil, Anassery amsom desam, Atholi.P.O, Kozhikode dist. 5.C.M.Ammed, S/o Hassan, Caliyadan (H), Randenal, Ellumandam.P.O, Edavaka, Wayanad District. 6.C.M.Ismayil, S/o Moidu Haji, Thavakkal House, Ambilery, Kalpetta.P.O, Wayanad Dist. ORDER SRI.M.V. VISWANATHAN : JUDICIAL MEMBER Appeal is dismissed as barred by limitation. The petition I.A.1258/09 filed for condonation of delay is also dismissed (vide separate order dated:4/5/2010. M.V.. VISWANATHAN : JUDICIAL MEMBER VALSALA SARANGADHARAN : MEMBER S. CHANDRAMOHAN NAIR : MEMBER VL. |