KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
I.A. No. 27/2024 in APPEAL No. 12/2024
ORDER DATED: 26.03.2024
(Against the Order in C.C. 251/2020 of CDRC, Alappuzha)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
PETITIONER/APPELLANT:
Freetus V.G., S/o Gregory, Vadakkethaiyyil, Thumpoly Ward, Aryad South Village, Ambalapuzha Taluk, Alappuzha.
(By Adv. A. Ashraf)
Vs.
RESPONDENTS:
- Mary Grace K.S., W/o Alex, Puthuparambil, Mararikkulam South Panchayath, Pathirappally Village, Ambalappuzha Taluk, Alappuzha.
- Alex, Puthuparambil, Mararikkulam South Panchayath, Pathirappally Village, Ambalappuzha Taluk, Alappuzha.
(By Advs. N.G. Mahesh & Sheeba Sivadasan)
ORDER
SRI. AJITH KUMAR D.: JUDICIAL MEMBER
This is an application filed by the appellant in Appeal No. 12/2024 to condone a delay of 568 days in filing the appeal. The appeal has been filed against the order of the District Consumer Disputes Redressal Commission, Alappuzha (District Commission for short) in C.C. No. 251/2020 dated 31.03.2021.
2. The facts narrated are as below:
The copy of the order was served on the petitioner on 27.12.2023. During the trial, on 04.01.2021 the petitioner was set ex-parte. The notice regarding the posting of the case was issued during the middle of Covid-19 pandemic period. At that stage the petitioner was staying with his son for the treatment of his wife and the house of the petitioner was closed. Only a Gardener was in the house for looking after the premises. So the notice issued by the District Commission was returned with the endorsement ‘refused’. There was no willful laches on the part of the petitioner. The petitioner came to know about the execution proceedings initiated by the District Commission when warrant was issued against him. Hence he would seek for condonation of the delay caused.
3. The respondents entered appearance and filed a counter statement opposing the prayer. The petitioner remained ex-parte before the District Commission during the trial stage. The respondents have placed reliance upon a ruling of the Apex Court reported in 2023 Live Law SC 904 in Priyanaka Kumari Vs. Shaliendra Kumar and a decision of the National Commission reported in CPJ 2020 VOL 2 367 NC to canvass the proposition that if the petitioner is not diligent his request for condonation is only to be disallowed. It is also submitted that the petitioner had declined to file version before the District Commission within the statutory period. So no purpose will be served in admitting the appeal.
4. On a perusal of the order passed by the District Commission it can be seen that the petitioner had refused to receive the notice. So it is evident that he was fully aware of the pendency of the complaint during the trial stage itself. He neither appeared before the District Commission nor filed a version to substantiate his contention. There is inordinate delay of 568 days in filing the appeal. No satisfactory explanation is offered by the petitioner for condonation of the inordinate delay caused. We find no bonafides in the facts narrated in the petition. We also find merit in the objection raised by the respondents that the only intention of the petitioner is to deprive the complainants from getting the fruits of the order passed by the District Commission.
In the result, the petition is dismissed.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No. 12/2024
JUDGMENT DATED: 26.03.2024
(Against the Order in C.C. 251/2020 of CDRC, Alappuzha)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
APPELLANT:
Freetus V.G., S/o Gregory, Vadakkethaiyyil, Thumpoly Ward, Aryad South Village, Ambalapuzha Taluk, Alappuzha.
(By Adv. A. Ashraf)
Vs.
RESPONDENTS:
- Mary Grace K.S., W/o Alex, Puthuparambil, Mararikkulam South Panchayath, Pathirappally Village, Ambalappuzha Taluk, Alappuzha.
- Alex, Puthuparambil, Mararikkulam South Panchayath, Pathirappally Village, Ambalappuzha Taluk, Alappuzha.
(By Advs. N.G. Mahesh & Sheeba Sivadasan)
JUDGMENT
SRI. AJITH KUMAR D.: JUDICIAL MEMBER
The appeal has been filed after elapsing the period prescribed. The petition filed as I.A. No. 27/2024 for the condonation of delay stands dismissed. So the appeal is also dismissed.
The statutory deposit made by the appellant at the time of filing the appeal is ordered to be refunded on proper acknowledgment.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
