There is a delay of 129 days in filing the appeal, which is over and above the period of 30 days statutorily given to file 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. Delay of more than 4 times of the statutory period granted for filing the appeal cannot be condoned without sufficient cause being shown. The only reason given for condonation of delay is that more than 4 months were spent in searching the proof of payment of Rs.25,000/- made by Respondent No.1 to Respondent No.2 and thereafter in obtaining administrative approvals to file 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 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.” Application for condonation of delay is dismissed. Consequently, the Appeal is dismissed as barred by limitation. |
