RESERVED
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1831 OF 2016
(Against the judgment/order dated 03-10-2015 in Complaint Case
No.117/2012 of the District Consumer Forum, Faizabad)
Uma Shanker, S/o Sri Baburam Dubey
R/o Village Malawan
Pargana Paschimrath
Tehsil Bikapur, District Faizabad
...Appellant
Vs.
- Tata Motor Finance Limited
Branch Karyalaya
436 Atardeep Complex Dewkali Bypass
Faizabad-221001
Through its Manager
- M/s Tata Motor Finance Limited
Building-A, Second Floor, Lodha I
Think Tewanno Campus Officer
Pokhran Road-2 Thane West-40067
Through its Manager
...Respondents
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Sri Aditya Tiwari, Advocate.
For the Respondent : Sri Rajesh Chadha, Advocate.
Dated : 11-06-2019
JUDGMENT
PER MR. JUSTICE A. H. KHAN, PRESIDENT
Present appeal has been filed with application for condoning delay of appeal.
Impugned judgment and order is dated 03-10-2015 and free certified copy of it has been furnished to appellant on 09-10-2015 whereas appeal has been filed on 15-09-2016.
In affidavit filed in support of delay condonation application it has been stated that the appellant/complainant was not present before District Consumer Forum on 03-10-2015 when impugned judgment and order was passed. The learned Counsel for the appellant did not inform him about impugned order. On 10-08-2016 appellant himself approached District
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Consumer Forum to know about his complaint. Then he came to know about impugned judgment and order and obtained certified copy of impugned judgment and order on 12-08-2016. Thereafter he has filed appeal.
In affidavit filed in support of delay condonation application it has been stated that the appellant has not delayed filing of appeal deliberately.
Respondents have filed objection against delay condonation application.
Learned Counsel Mr. Aditya Tiwari appeared for appellant.
Learned Counsel Mr. Rajesh Chadha appeared for respondents.
Learned Counsel for appellant has submitted that delay has not been caused deliberately by appellant. Delay is caused due to fault of Counsel. Delay should be condoned.
Learned Counsel for the respondents has opposed delay condonation application and submitted that the ground alleged by appellant to condone delay of appeal is incorrect.
I have considered the submissions made by learned Counsel for the parties.
Impugned judgment and order has been passed by District Consumer Forum after hearing both parties. Free certified copy has been furnished to appellant on 09-10-2015. Thereafter appellant has obtained additional copy on 12-08-2016 to file appeal. The cause of delay in filing appeal alleged by appellant appears to be concocted and unreliable. Appeal has been filed with delay of more than ten months. Complaint has been decided by District Consumer Forum on merits after proper opportunity of hearing to both parties.
In view of above application for condoning delay of appeal is rejected.
Appeal is not entertained due to bar of limitation.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt.
