NCDRC

NCDRC

RP/70/2013

EXECUTIVE ENGINEER, MESCOM (FORMERLY KPTCL) & ANR. - Complainant(s)

Versus

P.S. SURYANARAYANA BHAT & ANR. - Opp.Party(s)

MR. H. CHANDRA SEKHAR

14 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 70 OF 2013
 
(Against the Order dated 11/04/2005 in Appeal No. 1499/2003 of the State Commission Karnataka)
WITH
IA/134/2013,IA/135/2013
1. EXECUTIVE ENGINEER, MESCOM (FORMERLY KPTCL) & ANR.
ATTAVAR
MANAGALORE
KARNATAKA
2. THE ASSTT EXECUTIVE ENGINNER NO-2, SUB DIVISION,MESCOM (FORMELY KPTCL)
KAVOOR
MANGALORE
KARNATAKA
...........Petitioner(s)
Versus 
1. P.S. SURYANARAYANA BHAT & ANR.
S/O LATE SUBRAMANYA BHAT, AIR, KADRI,
MANAGALORE
KARNATAKA
2. MS.MANGLA GOWRI, D/O L/P SUBHA RAO,
KIOCL , PANAMBUR
MANGALORE
KARNATAKA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :MR. H. CHANDRA SEKHAR
For the Respondent :NEMO

Dated : 14 Feb 2013
ORDER

This Revision Petition is directed against the order of the State Commission dated 11.04.2005 whereby the State Commission partly accepted the appeal preferred by the Petitioner and directed the Petitioner/Opposite Party to Rs. 9,000/- to each of the Complainant within two months and also directed to pay interest @ 9% w.e.f. 19.08.2002. Along with the Revision Petition an application for condonation of delay of 2730 days in filing the Revision Petition has been moved. 2. Only explanation for delay in filing of Revision Petition is that after the passing of the impugned order one Writ Petition filed by the Petitioner against some other party involving similar facts was allowed by the High Court and the order of the State Commission was quashed and the complaint in that matter was dismissed. On the basis of the said Order the Petitioner filed a Writ Petition No. 18043 of 2005 in Karnataka High Court and aforesaid Writ Petition was dismissed by the Honle High Court with following observations:- . These proceedings are therefore not maintainable and are dismissed. However, liberty is granted to the petitioner to file revision before the National Commission within 60 days from today. Because of the circumstances prevailing, we request that the Commission shall look favourably the delay angle. Interim orders shall continue for a period of 60 days from today. 3. It is submitted by the Ld. Counsel for the Petitioner that the Honle High Court while dismissing the Writ Petition filed by the Petitioner gave liberty to the Petitioner to file Revision Petition before National Commission and also observed that National Commission shall look favourably the delay angle. Thus it is contended that the delay in filing Revision Petition be condoned and Revision Petition be decided on merits. 4. The submission of Ld. Counsel for the Petitioner is misconceived. On perusal of the Order of Honle High Court we find that the Petitioner was given liberty to file Revision Petition before National Commission within 60 days from the date of the order i.e. 17th of July, 2012. Admittedly, this Revision Petition has been filed on 07.01.2013 i.e. much after the expiry of 60 days granted by the High Court. There is no cogent explanation about the delay caused beyond the period of 60 days from the date of the order of the High Court. Even if the most favourable view in favour of the Petitioner is taken and the period of 90 days for filing the Revision Petition is computed from the date of the order of the High Court then also the Revision Petition should have been filed latest by 17.10.2012 which is not the case. Therefore, under the circumstances we do not find any reason to condone the delay in filing of Revision Petition. Application of condonation of delay is accordingly dismissed. Consequently, the Revision Petition is also dismissed as barred by limitation.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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