NCDRC

NCDRC

RP/3191/2011

M/S. DELITE THEATRE - Complainant(s)

Versus

M/S. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. - Opp.Party(s)

MR. NARENDER VASHISHTA

09 Dec 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3191 OF 2011
 
(Against the Order dated 20/12/2010 in Appeal No. 387/2002 of the State Commission Haryana)
1. M/S. DELITE THEATRE
R/o Chautala Road,Mandi Dabwali
Sirsa
Haryana
...........Petitioner(s)
Versus 
1. M/S. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD.
Division Mandi Dabwali
Sirsa
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :MR. NARENDER VASHISHTA
For the Respondent :NEMO

Dated : 09 Dec 2011
ORDER

Challenge in these proceedings is to the order dated 20.12.2010 passed by Haryana State Consumer Disputes Redressal Commission, Panchkula in appeal no. 387/2002. The appeal before the State Commission was filed against the order of the District Forum, Sirsa, which has allowed the complaint with the direction to the opposite party electricity board to pay a sum of Rs.84,180/- to the complainant alongwith interest @9% p.a. from the date of dispute till realisation. The State Commission, however, accepted the appeal on the preliminary ground that the complaint filed before the District Forum on 4.4.2001 was filed after the prescribed period of limitation of two years inasmuch as cause of action for filing the complaint arose to the complainant when he deposited the alleged excess amount with the opposite party in 1997. 2. The present revision petition has been filed after inordinate delay of 187 days, though an application for condonation of delay has been made on certain flimsy grounds. We are not inclined to condone the delay as we have received the report from the concerned State Commission that a free certified copy of the impugned order which is sought to be challenged in these proceedings, was duly prepared and dispatched to the complainant by post as far back as on 7.1.2011 which the petitioner / complainant denies having received. We do not find this explanation correct and we are, therefore, of the view that complainant is not entitled to the exercise of favourable jurisdiction in his favour. The revision petition is dismissed as hopelessly barred by limitation.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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