NCDRC

NCDRC

FA/124/2013

MEERUT DEVELOPMENT AUTHORITY & ANR. - Complainant(s)

Versus

M/S. MAHADEV ASSOCIATES, MEERUT - Opp.Party(s)

MR. VISHWAJIT SINGH

20 Mar 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 124 OF 2013
 
(Against the Order dated 23/05/2012 in Complaint No. 61/2011 of the State Commission Uttar Pradesh)
1. MEERUT DEVELOPMENT AUTHORITY & ANR.
THROUGH ITS VICE-CHAIRMAN,
MEERUT
2. MEERUT DEVELOPMENT AUTHORITY,
THROUGH ITS SECRETARY,
MEERUT,
...........Appellant(s)
Versus 
1. M/S. MAHADEV ASSOCIATES, MEERUT
THROUGH ITS PARTNER NISHANT KUMAR, NARESH KUMAR, S/O. LATE SHRI DARSHAN LAL, AND PAWAN KUMAR, THROUGH ITS POWER OF ATTORNEY, DEEPAK KAMRA, OFFICE SITUATED AT IN FRONT OF METRO PLAZA,
MEERUT
...........Respondent(s)

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

For the Appellant :
Mr.Abhindra Maheshwari and Mr.Vishwajit
Singh, Advocates
For the Respondent :
Mr.Nikhil Jain, Advocate (on caveat)

Dated : 20 Mar 2013
ORDER

There is a delay of 229 days in filing the appeal, which is over and above the period of 30 days statutorily given to an aggrieved party to file

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the appeal.  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.  The only reason given for condonation of delay is that documents relied upon before the State Commission were in vernacular and the time was spent in translation of those documents to be filed along with the appeal.  We are not satisfied with the cause shown.  Day-to-day delay has also not been explained.

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

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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 inordinate delay of 229 days cannot be condoned. Application for condonation of delay is dismissed.   Consequently, the appeal is dismissed as barred by limitation. 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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