This appeal has been filed with a delay of 165 days, which is over and above the period of 30 days statutorily given to file the appeal. 

        We are surprised that the Registry has reported that there is no delay in filing this appeal whereas the appellant has himself admitted the delay of 165 days in the application for condonation of delay.

Under the Consumer Protection Act, 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.  We have gone through the explanation given by the appellant in the application for condonation of delay and are not satisfied with the cause shown.  Even otherwise, there is a special period of limitation prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions before consumer fora.

Supreme Court, 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.”

Respectfully following the aforesaid judgement of the Supreme Court and in view of the unsatisfactory explanation given by the appellant for condonation of delay, we are not inclined to condoned the delay of 165 days. Application for condonation of delay is dismissed.   Consequently, the appeal is dismissed as barred by limitation.