NCDRC

NCDRC

FA/235/2012

SATYABABY MISHRA - Complainant(s)

Versus

PANDA MEDICAL CENTRE - Opp.Party(s)

MR. ASHOK MISHRA & MR. JUGAL KISHOR GUPTA

18 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 235 OF 2012
 
(Against the Order dated 02/08/2011 in Complaint No. 109/2009&778/2011 of the State Commission Orissa)
1. SATYABABY MISHRA
S/o late Chandrasekhar Mishra, At/Po- Ganga Narayan Pur, P.S- Chandan Pur
Dist- PURI
ODISHA
...........Appellant(s)
Versus 
1. PANDA MEDICAL CENTRE
Through Directro, Prof. Dr. Krupasindhu Panda, Bepari Sahi, Kesharpur, Buxi Bazar,
CUTTACK
ODISHA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Appellant :
Mr. Ashok Kr. Mishra, Advocate
For the Respondent :NEMO

Dated : 18 Oct 2012
ORDER

Heard learned counsel for the appellant. In this matter, complaint filed by the appellant/complainant was dismissed in default by learned State Commission vide order dated 28-06-2010. Restoration application filed by the complainant was also dismissed by order dated 02-08-2011 and ultimately complainant approached the High Court and High Court vide order dated 16-09-2011 directed the petitioner to file appeal before the National Commission and in pursuance to that direction appellant preferred this appeal on 30th April, 2012. 2. After High Court directions, appellant took more than 7months in filing this appeal and submitted in his application for condonation of delay that as he had lost his profession and source of income hence delay of 226 days may be condoned. Apparently, no reasonable explanation has been given by the complainant for condonation of delay. Merely because the appellant lost his profession and source of livelihood, delay cannot be condoned particularly when he was in a position to approach High Court, he could have filed an appeal also just after direction of High Court, and in such circumstances, we are not inclined to condone the delay in filing appeal against order dated 28-06-2010, which has been filed almost after 22 months. 3. The appeal stands dismissed on account of delay in limine.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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