NCDRC

NCDRC

RP/815/2012

KASHMIR SINGH - Complainant(s)

Versus

ORIENTAL INSURANCE CO. LTD. - Opp.Party(s)

MR. BRAHMAJEET MISHRA

01 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 815 OF 2012
 
(Against the Order dated 14/06/2010 in Appeal No. 122/2008 of the State Commission Uttaranchal)
1. KASHMIR SINGH
3/5 Astley Hall, Through Senior Divisonal Manager
Dehradun
Uttranchal
...........Petitioner(s)
Versus 
1. ORIENTAL INSURANCE CO. LTD.
S/o Chemela Singh, R/o Nawabgarh, Post Office-Vikasnagar,
Dehradun
Uttranchal
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. BRAHMAJEET MISHRA
For the Respondent :NEMO

Dated : 01 May 2012
ORDER

       There is a delay of 527 days in filing the revision petition, which is over and above the period of 90 days statutorily given to file the Revision Petition.  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.  The only reason given for condonation of delay is that due to communication gap between the petitioner and his counsel, petitioner did not come to know about the order passed by the State Commission.  We are not satisfied with the cause shown.  The delay is more than the period prescribed for filing the complaint.  

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.”

 

Inordinate delay of 527 days cannot be condoned. Application for condonation of delay is dismissed.   Consequently, the Revision Petition is dismissed as barred by limitation. 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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