Per – Hon’ble Mr. Justice S. B. Mhase, President

          Heard, Adv. Kalpana R. Trivedi on behalf of the Appellant and Adv. Tushar Gujjar instructed by Ashwin Ankhad & Associates on behalf of the Respondent.

[2]     By an order dated 10/8/2011, the delay in filing appeal was condoned and the Appellant was directed to pay costs of delay condonation to the Respondent within a period of 30 days from the date of order.  It has been further observed that if the costs are not paid, the appeal shall automatically stands dismissed without any further reference to the State Commission.  Such self-operative order was passed.  Inspite of that order, costs has not been paid by the Appellant to the Respondent, as ordered.  Learned Counsel for the Appellant today orally requested for allowing deposit of costs.  Question of extension of time falls under Section-148 of the Code of Civil Procedure.  However, those provisions have not been made applicable to the proceedings before the Consumer Fora under the Consumer Protection Act, 1986.  Their Lordships of the Hon’ble Supreme Court in Civil Appeal No.4307 of 2007 (In the matters of Rajeev Hitendra Pathak & Ors.  Vs.  Achyut Kashinath Karekar & Anr.) with Civil Appeal No.8155 of 2011 (In the matters of M. O. H. Leathers Vs.  United Commercial Bank) decided on 19/8/2011, observed that Consumer Fora are creatures of law and unless & until the statute gives a power they cannot exercise the power.  Therefore, oral request for extension of time cannot be accepted.  It is further to be noted that earlier order was a self-operative order.  Grant of request for extension of time will amount to review of the earlier order dated 10/8/2011.  Power of review is also not available as observed by the Supreme Court (supra).  In view of this position, oral prayer made by the Learned Counsel for the Appellant seeking extension of time is hereby rejected.  Consequently, the appeal stands dismissed as time-barred.

Pronounced & dictated on 30^th September, 2011