Karnataka

StateCommission

A/874/2023

MAKE MY TRIP INDIA PRIVATE LIMITED & ANR - Complainant(s)

Versus

NAMOKAR JAIN & PRANJAL JAIN - Opp.Party(s)

GIRISH BABURAO MANGANNAVAR

24 Jul 2023

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/874/2023
( Date of Filing : 01 May 2023 )
(Arisen out of Order Dated 14/09/2022 in Case No. Complaint Case No. CC/421/2019 of District Bangalore 4th Additional)
 
1. MAKE MY TRIP INDIA PRIVATE LIMITED & ANR
UNIT NO. 14, GROUND FLOOR, DLF TOWER A, JASOLA, NEW DELHI-110025
NORTH WEST
DELHI
2. M/S. MAKE MY TRIP INDIA PVT. LTD.
2ND FLOOR, THE CENTRUM, INFANTRY ROAD, BANGALORE 560001
BENGALURU URBAN
KARNATAKA
...........Appellant(s)
Versus
1. NAMOKAR JAIN & PRANJAL JAIN
NO. 310, VANADANA CELRSTA BOB COLONY, 4TH MAIN ROAD JP NAGAR, 7TH PHASE BANGALORE, 560078
NORTH WEST
DELHI
2. MRS. PRANJAL JAIN
NO.310, VANDANA CELRSTA, BOB COLONY4TH MAIN ROAD, J.P.NAGAR 7TH PHASE, BANGALORE-560078
BENGALURU URBAN
KARNATAKA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Ravishankar PRESIDING MEMBER
 HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER
 
PRESENT:
 
Dated : 24 Jul 2023
Final Order / Judgement

24.07.2023

ORDER ON ADMISSION

Mr. RAVISHANKAR, JUDICIAL MEMBER

The appellant/Opposite Party has preferred this appeal being aggrieved by the Order dt.14.09.2022 passed in CC.No.421/2019 on the file of District Consumer Disputes Redressal Commission, Bengaluru, for admit this appeal and issue notice to the Respondents and call for the records of the District Commission for proper adjudication of the matter.

2.     The office has noted that there is a delay of 173 days in preferring the appeal and appellant sworn affidavit due to pandemic/covid disease the most of the employees are working from home and also due to administrative delay they could not file the appeal within the stipulated time.  The said delay is not intentional, but, for bonafide reasons, hence, prayed to condone the delay in filing the appeal.

3.     On perusal of the affidavit sworn by the appellant, the grounds urged for non-filing of the appeal well within time is not satisfactory.  The appellant has not established before this Commission that the appeal is filed belatedly due to unavoidable circumstances.  Mere administrative delay is not the ground to condone the delay.  If at all the appellant decides to prefer an appeal, he shall file an appeal within 45 days as contemplated in the Consumer Protection Act.  The reasons assigned in the affidavit are not satisfactory and the delay is fatal to the appeal. 

4.     In view of the decision rendered by the Hon’ble National Consumer Disputes Redressal Commission reported in 2018(2) CPR 507 (NC) the matter between M/s TDI Infrastructure Ltd., v/s Kulvinder Singh Bahl, the appeal can be dismissed on the point of delay alone.  Accordingly, the appeal deserves to be dismissed on the point of enormous delay. Hence, the following;

ORDER

The appeal is hereby dismissed on delay at the stage of admission.

Forward free copies to both parties.

 

(Sunita .C. Bagewadi)         (Ravishankar)       

Member                   Judicial Member

P *

 
 
[HON'BLE MR. Ravishankar]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi]
MEMBER
 

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