State Commission dismissed the complaint on 30.1.2009 by observing thus :

“This matter has come today, as the SR from opp.party No.1 was not back.  But today in the court, when the matter is taken up, Mr.P.Choudhury submits on behalf of Mr.A.C. Swain, learned counsel who entered appearance for the opp.party No.2 that for the self same cause of action another consumer complaint bearing No.32/2007 was filed by the self same complainant-Hrudananda Sahoo, which has already been disposed of by this Commission on May 7, 2007 and after disposal of the same as we find, this present Consumer Complaint bearing No.78 of 2007 has been filed.  After disposal of the earlier Consumer Complaint, if the complainant was not satisfied with the order of this Commission, he should have preferred revision before the National Commission.  Without doing so, he again filed another complaint for the self same cause of action, which is not maintainable and for that, we dispose of this Consumer Complaint by dismissing the same.”

            Perusal of the order shows that the complaint has been dismissed on the ground that second complaint based on the same cause of action was not maintainable.  Instead of filing the appeal within the statutory period of 30 days before this Commission, appellant filed a Writ Petition in the High Court in the year 2010.  Date on which the Writ Petition was filed has not been mentioned.  Writ Petition was dismissed on 18.9.2012 with liberty to approach the National Commission.  The appeal was filed on 22.4.2013 with a delay of 1513 days.  Only reason given for condonation of delay is that the appellant, on wrong advice given by a lawyer, filed Writ Petition instead of filing the appeal before this Commission; that the delay occurred due to the pendency of the Writ Petition in the High Court.

            Order of the State Commission is dated 30.1.2009.  Writ Petition was filed in the year 2010.  No explanation has been given for this period.  Further, the order of the High Court is dated 18.9.2012 whereas the present appeal has been filed on 22.4.2013.  There is a delay of more than 8 months in filing the appeal after the passing of the order by the High Court.  No explanation has been given for this period as well.

We are not satisfied with the cause shown for filing the appeal at such a belated stage.  More than 4 years from the date of passing of the order by the State Commission have gone bye.  No ground for condonation of delay is made out.  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.”

Dismissed.