NCDRC

NCDRC

RP/2190/2024

SHRI RAMESH KUMAR ROHILLA - Complainant(s)

Versus

M/S TATA POWER DELHI DISTRIBUTION LIMITED - Opp.Party(s)

MR. AJIT PANDEY

29 Aug 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2190 OF 2024
(Against the Order dated 15/07/2024 in Appeal No. A/397/2024 of the State Commission Delhi)
1. SHRI RAMESH KUMAR ROHILLA
208, 2ND FLOOR, BHANOT BHAWAN, COMMERCIAL COMPLEX AZADPUR, DELHI
NORTH WEST
DELHI
...........Petitioner(s)
Versus 
1. M/S TATA POWER DELHI DISTRIBUTION LIMITED
THROUGH ITS CEO/MD, NDPL HOUSE, HUDSON LINES, KINGSWAY CAMP, DELHI
NORTH
DELHI
...........Respondent(s)
REVISION PETITION NO. 2191 OF 2024
(Against the Order dated 15/07/2024 in Appeal No. A/399/2024 of the State Commission Delhi)
1. SHRI RAMESH KUMAR ROHILLA
201, 2ND FLOOR, BHANOT BHAWAN, COMMERCIAL COMPLEX AZADPUR, DELHI
NORTH WEST
DELHI
...........Petitioner(s)
Versus 
1. M/S TATA POWER DELHI DISTRIBUTION LIMITED
FORMERLY BROWN AS NORTH DELHI POWER LTD. THROUGH ITS CEO/MD, NDPL HOUSE, HUDSON LINES, KINGSWAY CAMP, DELHI
NORTH
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. BINOY KUMAR,PRESIDING MEMBER
 HON'BLE MRS. JUSTICE SAROJ YADAV,MEMBER

FOR THE PETITIONER :
FOR THE PETITIONER(S) : MR. AJIT PANDEY, ADVOCATE

Dated : 29 August 2024
ORDER

Learned Counsel for the Petitioner(s) submitted that he has filed these Revision Petitions against the Order(s) of the Delhi State Consumer Disputes Redressal Commission (for short ‘State Commission’) dated 15.07.2024 which dismissed his Appeal(s) on grounds of limitation.  He submitted that the Appeal(s) were filed before the State Commission under the Consumer Protection Act, 2019 which allowed 45 days’ time for filing of the Appeal.  However, the State Commission allowed only 30 days’ time by holding that the Appeal(s) needs to be filed under the Consumer Protection Act, 1986 which allows only 30 days’ time. 

The Appeal(s) was filed by the Petitioner(s)/ Appellant(s)/Complainant(s) in person and the delay was not intentional or willful and therefore, needs to be condoned. 

In view of the submission made and on perusal of record, it is noted that though the Appeal(s) needs to be filed only under the Consumer Protection Act, 1986, however, in the circumstances of the case, the delay in filing the Appeal(s) needs to be condoned as the same was not intentional or willful.

The delay of seven days in R.P. No.2190/2024 and six days in R.P. No.2191/2024, which are within the 45 days provided for in the 2019 Act, are condoned.  The Revision Petitions are accordingly remanded to the State Commission, which shall hear the matters on merits.

The Orders of the State Commission dated 15.07.2024 are set aside.

Parties to appear before the State Commission on 16.10.2024.

The Revision Petitions are accordingly disposed of.

 
............................
BINOY KUMAR
PRESIDING MEMBER
 
 
............................J
SAROJ YADAV
MEMBER

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