NCDRC

NCDRC

RP/2994/2011

SENIOR SUPDT. KRISHNA NAGAR POST OFFICE & ANR. - Complainant(s)

Versus

MS. KIRTI & ORS. - Opp.Party(s)

DR. ASHWANI BHARDWAJ

29 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2994 OF 2011
 
(Against the Order dated 20/04/2011 in Appeal No. 44/2011 of the State Commission Delhi)
1. SENIOR SUPDT. KRISHNA NAGAR POST OFFICE & ANR.
Krishna Nagar, Ost Office
Delhi -51
2. Head Post Master,
Post Office-Ram Nagar Extn, Loni Road, Shahdara Through her Father
Delhi
3. Head Post Master,
Post Office-Ram Nagar Extn, Loni Road, Shahdara Through her Father
Delhi
...........Petitioner(s)
Versus 
1. MS. KIRTI & ORS.
D/o Shr Harish Gupta, ]R/o 1/3080 Ram Nagar Extn Loni Road, Shahadara, Through her father,
Delhi
2. Nirmala
1/3616, Ram Nagr Extn, Loni Road, Shahdara
Delhi
3. District Saving Officer, Office Of the Joint Director
National Saving Institute, ICCW Building,4 Deen Dayal Upadhaya Marg
Delhi - 110002
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Dr.Ashwani Bhardwaj, Advocate with
Dr.S.P. Sharma and Mr.Varun Kumar,
Advocates
For the Respondent :NEMO

Dated : 29 Sep 2011
ORDER

There was a delay of 124 days in filing the Appeal, which was over and above the period of 30 days, which is statutorily given to an aggrieved party to file the Appeal.  The only explanation given was that the file was moving from table to table to get the sanction for filing the appeal.  State Commission has rejected the explanation given by the petitioner by observing thus :

“4. The explanation offered by the appellant is manifestly insufficient. If such puerile explanations are accepted every delay will have to be condoned. For the purpose of condonation of delay there must be some legitimate justified reasons. The appellant provides a classic example of how matters proceed at a snails pace in government departments, but that does not, in any case, provides any reasonable or legitimate ground for condonation of delay. Time and tide wait for no man and in the transfer of file from one table to another the time for filing the appeal expired. We have noticed that Post Master General has been repeatedly filing the appeals with delay on the same grounds and procedure being the time consuming which cannot be accepted time and again.

 

5. Apex Court in State of Haryana v. Chandra Mani &  Ors.  (supra),  and  State  (NCT of Delhi)  v.

- 4 -

Ahmed Jaan (supra), has observed that the Government at appropriate level should constitute legal calls and in the event of decision to file appeal, the officer responsible for filing appeal should take prompt action and he should be made personally responsible for lapses, if any.”

 

Under the Consumer Protection Act, the District Forum is supposed to decide the complaint within a period of 90 days from the date of filing and, in case, some expert evidence is required to be led, then within 150 days.  Where the statute has permitted only 30 days for filing the Appeal, the delay, four times over the statutory period given for filing the Appeal, cannot be condoned until and unless some sufficient ground is shown.

        We agree with the view taken by the State Commission that sufficient grounds were not made out for condoning the inordinate delay of 124 days.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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