Delay of 14 days in filing the revision petition is condoned.

          Complainant/petitioner filed the complaint in the year 2000 (Complaint No.133/2000).  The same was dismissed for non prosecution on 13.06.2003.  Petitioner filed an application seeking restoration of the complaint after six years which was rejected by the District Forum on the ground that the reasons stated by the complainant for delay in filing the restoration application were

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baseless and unreliable and, therefore, not accepted.  Observations made by the District Forum are as under:

“After going through papers/documents, it is observed that the complaint filed by the complainants bearing No.133/2000, the Forum disposed off the same on dated 13.6.2003, on the issue of the absence of the complainants.  After going through Rojanama, it is observed that, prior to that date, the complainants were absent on various occasions, continuously.  From dated 13.6.2003 till the said application is filed, near about period of 6 years has been passed.  The Forum has got ht authority to condone such long standing delay, such provision, applicant could not bring to the notice  according to the opinion of Forum, as per consumer Act, to condone such delay, the Forum has no right.  Similarly, the reasons stated for this delay by the applicant are baseless and unreliable.  Therefore, order is passed that ordinary application No.16/2009, is being disposed.  The legal expenses are to be incurred by the applicant himself.”

          Petitioner filed the appeal before the State Commission with a delay of 46 days.  The State Commission dismissed the appeal on the ground of delay as well as on merits.

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          Even if we agree with the counsel for the petitioner that the delay in filing the appeal should have been/could be condoned, but we do not find any reasonable ground to set aside the order of the State Commission on merits by which the State Commission has held that the petitioner would not get the complaint restored after a lapse of more than six years.  Under the Consumer Protection Act, 1986 the complaint can be filed within two years from the date of arising of the cause of action.  Condonation of delay of six years in seeking restoration of the complaint, which was dismissed for non-prosecution, cannot be permitted.  That would defeat the very purpose of the enactment of the Act.  Dismissed.