DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NE

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, NAND NAGRI, DELHI-93

Complaint Case No. 167/13

In the matter of:

Mr. Shravan Kumar            

29, B, DSIDC

Sultanpuri, Delhi-54.                                                                     Complainant                                       

Versus

North Delhi Power Limited

Sector 3, Rohini

Delhi- 110085.                                                                             Opposite Party

DATE OF INSTITUTION:20.05.2013

                                                            DATE OF DECISION      : 24.02.2016

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

Order

1. Complainant has moved present application under section 24 (a) (2) of the Consumer Protection Act for condonation of delay in filing the present complaint. The delay in filing the present complaint is 189 days. The ground pleaded in the application to condone the delay is firstly that the electricity connection in question was in the electrical repairing shop of complainant who was running the same for the purpose of his livelihood and after electricity disconnection he could not run the said shop and became unemployed. Complainant is a poor person and also has become unemployed after the disconnection. Therefore, unable to engage any lawyer for conducting his case before the court. Now, a lawyer has agreed to conduct his case on very nominal expenses. Therefore, he is filing a complaint after this delay of 189 days. Second ground taken by the complainant/applicant is during this period he was so ill. In support of his contention complainant has filed a medical certificate dated 16.04.2011 annexure-8. OP was issued notice on the application on condonation of delay who file its reply thereby taking defence that the grounds for delay are not sufficient and baseless without any cogent reason and complainant has deliberately delayed the present complaint as he could take the help of legal aid in filing the complaint. Besides, the medical certificate does not show any valid reason of complainant’s being unable to file the present complaint.
2. Perusal of record show that complainant was provided a number of opportunity to file sufficient medical papers in support of his medical ground but no further papers were filed by the complainant. Complainant was also asked to produce the Doctor who issued the Medical Certificate. But, inspite of opportunity to the complainant to get Dasti Summon for the Doctor, complainant did not even received the Dasti Summon for the doctor. It is also observed that on one ground or the other complainant is seeking adjournments for arguing on the application and as per order dated 25.01.2016 nobody appeared on behalf of complainant and this forum was constrained to reserve its order on the application of condonation of delay after hearing the counsel for the OP. On the basis of above said findings complainant has failed to show his bonafide to condone the delay of its 189 days in filing the present complaint inspite of so many opportunities. Hence the application is dismissed. The complaint is barred by limitation and the same being not maintainable is also dismissed.
3.  File be consigned to record room.
4. Announced on: - 24.02.2016

  (N.K.Sharma)                                                 (Nishat Ahmad Alvi)    

          President                                                             Member