West Bengal

StateCommission

A/200/2022

SIFY Aircon - Complainant(s)

Versus

Navarang Printers - Opp.Party(s)

Ms. Payel Ghosh

19 May 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/200/2022
( Date of Filing : 16 Aug 2022 )
(Arisen out of Order Dated 18/12/2018 in Case No. Complaint Case No. CC/241/2018 of District Kolkata-I(North))
 
1. SIFY Aircon
72, Bentinck Street, P.S.- Hare Street, Kolkata- 700 001. Proprietor. Khurshid Ansary.
...........Appellant(s)
Versus
1. Navarang Printers
585, Rabindra Sarani, Kolkata- 700 003. Proprietor- Arijit Dutta.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 
PRESENT:Ms. Payel Ghosh, Advocate for the Appellant 1
 Mr Trambak Ghosh, Advocate for the Respondent 1
Dated : 19 May 2023
Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member

          The Ld. Advocates for both sides are present.

          Today the petition for condonation for delay in preferring the appeal is taken up for hearing.

          It appears that the appeal has been preferred against Judgement dt. 18.12.2018 allowing Complaint Case No. CC/241/2018 ex-parte by DCDRF, Kolkata Unit-I

          The Ld. Advocate for the Appellant submitted that he was not aware of the proceeding before the Ld. Forum below. Furthermore, he was in jail. He submitted that due to period of Covid he is entitled to get relaxation in filing in view of the judgement passed by the Hon’ble Apex Court.

          On the contrary, the Ld. Advocate for the Respondent submitted that the notice of the Complaint Case was served upon the OP/Appellant by the Forum below and notice regarding execution proceedings pending before the Forum below was also served upon the OP/Appellant.

          It is apparent from the prayer portion of the petition for condonation of delay that there is a delay of 579 days. But it appears from the table of the petition that there is a delay of 1294 days.

          The Appellant claimed relaxation regarding the period of Appeal because of Covid period.

          Considering the facts and circumstances of the case, submission of the Ld. Advocates and materials on record, I am of the view that there is no ground for condoning the petition of delay.

           Accordingly, the petition for condoning the delay is rejected and the appeal is dismissed.

          The impugned Order dt. 18.12.2018, passed by the DCDRF, Kolkata Unit-I, allowing the case ex-parte, is upheld.

           Let a copy of this Order be sent to the Forum below.

           The Joint Registrar of this Commission is directed to do the needful accordingly.

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 

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