NCDRC

NCDRC

RP/2637/2024

SPICEJET LIMITED - Complainant(s)

Versus

MR. D.D DAYANI & ORS - Opp.Party(s)

AMIT PUNJ & MAIBAM N SINGH

17 Oct 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2637 OF 2024
(Against the Order dated 03/04/2024 in Appeal No. A/53/2024 of the State Commission Delhi)
1. SPICEJET LIMITED
319, UDYOG VIHAR, PHASE-IV, GURUGRAM, HARYANA
GURUGRAM
HARYANA
...........Petitioner(s)
Versus 
1. MR. D.D DAYANI & ORS
BA-F/F, MUNIRKA DDA FLATS, NEW DELHI
SOUTH
DELHI
2. KIRTI DAYANI
BA-F/F, MUNIRKA DDA FLATS, MUNIRKA, NEW DELHI
SOUTH
DELHI
3. K.B. DAYANI
BA-F/F, MUNIRKA DDA FLATS, MUNIRKA, NEW DELHI
SOUTH
DELHI
4. RISHABH DAYANI
BA-F/F, MUNIRKA DDA FLATS, MUNIRKA, NEW DELHI
SOUTH
DELHI
5. MAHIMA DAYANI
BA-F/F, MUNIRKA DDA FLATS, MUNIRKA, NEW DELHI
SOUTH
DELHI
6. RC ARORA
FLAT NO. 2, NEHRU APARTMENTS, KALKAJI, NEW DELHI
SOUTH
DELHI
7. BINA ARORA
FLAT NO. 2, NEHRU APARTMENTS, KALKAJI, NEW DELHI
SOUTH
DELHI
8. AKSHAY BERI
52, FIRST FLOOR, BAGH DEWAR, DELHI
CENTRAL
DELHI
9. AERONET TOURS TRAVELS PVT LTD.
4/54, WEA, SARASWATI MARG, KAROL BAGH, DELHI
CENTRAL
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE DR. INDER JIT SINGH,PRESIDING MEMBER

FOR THE PETITIONER :
MR. MAIBAM N. SINGH, ADVOCATE

Dated : 17 October 2024
ORDER

1.       Heard learned counsel for the Petitioner. Challenge is to order dated 03.04.2024 of the State Commission, Delhi vide which FA filed by the Petitioner herein was dismissed on account of limitation, having been filed with an unexplained delay of 17 days. The order of the District Forum was passed on 01.11.2023 and the Petitioner herein has claimed that the certified copy of the said order was received by them on 07.12.2023 only. They have drawn our attention to a cover of the postal receipt from the District Forum which shows the date of dispatch as 01.12.2023 and which bears the receipt stamp of Petitioner herein as 07.12.2023. Hence, the plea of the Petitioner herein that they received the copy of the order of the District Commission on 07.12.2023 appears to be correct. The Petitioner has drawn our attention to the reasons for delay stated in the Condonation of delay application filed before the State Commission. Although the reasons are not that strong, we are of the considered view  that in the given facts and circumstances of the case, delay of 17 days in filing the appeal can be condoned, keeping in view the judgements of the Hon’ble Supreme Court in the following cases:

  1. Collector (LA) v. Katiji, (1987) 2 SCC 107  
  2. G. Ramegowda v. Spl. Land Acquisition Officer, (1988) 2 SCC 142 
  3. State of Haryana v. Chandra Mani, (1996) 3 SCC 132
  4. N. Balakrishnan v. M. Krishnamurthy, (1998) 7 SCC 123
  5. Ram Nath Sao v. Gobardhan Sao, (2002) 3 SCC 195  
  6. Perumon Bhagvathy Devaswom v. Bhargavi Amma, (2008) 8 SCC 321

2.       Accordingly, we condone the delay of 17 days in filing of the appeal before the State Commission. Revision Petition is allowed and order dated 03.04.2024 of the State Commission is set aside and the matter is remanded back to the State Commission for fresh disposal on merits after hearing both sides. The Petitioner may appear before the State Commission on 25.10.2024.

3.       Order may be given Dasti in addition.

 
................................................
DR. INDER JIT SINGH
PRESIDING MEMBER

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