NCDRC

NCDRC

RP/217/2011

M/S. SUPER FASHION - Complainant(s)

Versus

NEW INDIA ASSURANCE CO. LTD. - Opp.Party(s)

MR. SURAJ SAXENA

30 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 217 OF 2011
 
(Against the Order dated 01/10/2010 in Appeal No. 1148/2008 of the State Commission Delhi)
1. M/S. SUPER FASHION
12/4, Mathura Road
Faridabad
Haryana
...........Petitioner(s)
Versus 
1. NEW INDIA ASSURANCE CO. LTD.
C-19, Shopping Complex, Paschim Marg, Vasant Vihar
New Delhi - 110057
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. K. R. Pamei, Advocate
For the Respondent :
Mr. Ravi Bakshi, Advocate

Dated : 30 Oct 2012
ORDER

1.            Counsel for the parties present.  Learned State Commission dismissed the appeal while passing its order dated 01.10.2010 as the appeal was barred by time.  There was delay of 13 days only.  The explanation given by the counsel for the petitioner was that he was under the impression that he was to file the appeal within 90 days whereas the law prescribes its period as 30 days.  He submits that under these circumstances, his revision petition should be accepted.

 2.      On the other hand, counsel for the respondent submits that if such pleas are entertained then the law will loose its meaning. 

3.      We are of the opinion that there is a bonafide mistake on the part of the Advocate and it has to be condoned subject to heavy costs. 

4.      In the above circumstances, we accept the revision petition and remand back the case to the State Commission subject to payment of costs of Rs. 5,000/-, which will be deposited with the Consumer Legal Aid Account of this Commission.

5.          Parties are directed to appear before the State Commission on 20.11.2012, which will hear the appeal on merits expeditiously after satisfaction that the above said costs stand paid with the Consumer Legal Aid Account of this Commission. Receipt of the same be produced before the State Commission.

          The revision petition stands disposed of.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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