Counsels for both parties are present.

          Counsel for the Respondent states that he has not filed the vakalatnama yet and will file the same during the course of the day.

There is a delay of 109 days in filing the revision petition, which is over and above the period of 90 days statutorily given to file the revision petition.  Under the Consumer Protection Act, 1986 the consumer fora are required to decide the cases in summary manner within a time frame, i.e., within 90 days from the date of filing, in case, no expert evidence is required to be taken, and, within 150 days, wherever expert evidence is required to be taken.  The only reason given for condonation of delay is that unfortunately due to the mistake of staff of Counsel for the Petitioner, the file was wrongly put up alongwith the disposed of cases and it was only when the Counsel for the Petitioner received an email from the Petitioner/Insurance Company inquiring about the case that this mistake came to light and the file was traced and thereafter the revision petition was drafted and the matter was filed before this Commission.  We are not convinced with this explanation given.   

The Hon’ble Supreme Court of India in a recent judgment Anshul Aggarwal Vs. New Okhla Industrial Development Authority [IV (2011) CPJ 63 (SC)] has held that while deciding the application filed for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained.  Relevant observations are as under :

“It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this Court was to entertain highly belated petitions filed against the orders of the consumer foras.”

The delay of 109 days cannot be condoned.  Application for condonation of delay is dismissed.  Consequently, the revision petition is dismissed as barred by limitation.