NCDRC

NCDRC

RP/3093/2009

DHL WORLDWIDE EXPRESS & ANR. - Complainant(s)

Versus

M/S. AGG EXPORTS & ORS. - Opp.Party(s)

MR. RAKESH MALHOTRA

26 Feb 2010

ORDER

Date of Filing: 19 Aug 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3093/2009
(Against the Order dated 30/05/2008 in Appeal No. 108/2001 of the State Commission Punjab)
1. DHL WORLDWIDE EXPRESS & ANR.(Now Known as DHL Express (I) Private Limited, An Express Division of AFL Limited, Having its Registered office at Neville House, Currimbhoy Road, Ballard EstateMumbai-400038 ...........Appellant(s)

Vs.
1. M/S. AGG EXPORTS & ORS.A-11, Phase V, Focal Point, Ludhiana through its Partner, Sh. Amreesh Aggarwal.2. STATE BANK OF INDIA Havibng its Head Office at Madam Cama Road, Nariman Point, Mumbai & a Branch Office at Lind Road, Ludhinana ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 26 Feb 2010
ORDER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

There is a delay of 365 days in filing the revision petition. Counsel for the respondent raised objection that the revision petition had been filed with a delay of 365 days. In this case the office had reported that there was no delay whereas the counsel for the petitioners had moved an application for condonation of delay of 365 days. Keeping in view the application moved by the petitioners, we directed the office to report as to whether there was any -2- delay in filing the revision petition or not. The office has now reported that there was, in fact, a delay of 365 days in filing the revision petition. Delay of 365 is over and above the statutory period of 90 days given for filing the revision petition. Consumer Foras are mandated to decide the complalint within 90 days in which evidence is required to be taken. Delay of 365 days cannot be condoned without sufficient cause being shown. The only reason given in the application is that the appeal before the State Commission was filed in the year 2001 and the same was disposed of on 30th May, 2008. That the petitioners have changed their address. They did not come to know about the order passed by the State Commission. We do not find any substance in this. The order was passed by the State Commission in the presence of the counsel for the parties. The judgment was pronounced on 30th May, 2008 and the order was directed to be communicated. Even if we assume that the petitioners had not informed the State Commission about change of address, the Commission was justified in sending the copy of the order at old address. This apart as mentioned above the order has been passed in the presence of the counsel for the petitioners. Counsel for the petitioners should have taken care to apply for the certified copy or keeping -3- on drag of the date on which the order was pronounced. Plea taken by the petitioners that they did not come to know about the order cannot be accepted as the order has been passed in the presence of the counsel for the petitioners. We are not satisfied with the cause shown. Application for condonation of delay is rejected. Consequently, the revision petition is dismissed. If any amount has been deposited by the petitioners, the same be paid to the respondent in part satisfaction of the decree. We direct the petitioners to pay the remaining amount within a period of eight weeks, failing which the respondent No.1 would be at liberty to move an application to get the order executed.


......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER