Rajasthan

StateCommission

A/515/2018

Ramniwas Dhaka Director Swami Keswanand School - Complainant(s)

Versus

Parvesh Kumar s/o Rajesh - Opp.Party(s)

Kamal Chamria

08 Aug 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 515 /2018

 

Ramniwas Dhaka (Director) Swami Keshwanand School, NH 11, Badadar Distt. Sikar.

Vs.

Pravesh Kumar s/o Rajesh r/o Ward No. 09, Hawa Mangri, Mungana Distt. Pratapgarh.

 

Date of Order 8.8.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Kamal Chamaria counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order passed by the District Forum, Sikar dated 20.7.2017 whereby the claim is allowed against the appellant. The matter has come

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upon application u/s 5 of the Limitation Act as the appeal is filed with delay of 337 days.

 

Heard the counsel for the appellant and perused the application u/s 5 of the Limitation Act.

 

The contention of the appellant is that the advocate has not informed him about the proceedings but the appellant himself was negligent and he has not cared to see the progress of the proceedings. He cannot shift the liability entirely on the advocate and reliance could be placed on II (2017) CPJ 347 (NC) Teluram Vs. S.S.Dudeja where the National Commission has held that it is the duty of the litigant to pursue his litigation in diligent manner and he cannot shift entire blame for delay on its counsel.

 

Further reliance could be placed on I (2018) CPJ 105 (NC) Kamlesh Shah Vs. Dr. Sukumar Mehta where the appellant was careless and negligent and he did not bother to find out progress in matter and in view of the special period of limitation delay was not condoned.

 

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Here in the present case also the appellant was negligent. He had not bothered to verify the progress of the complaint.

 

In view of the above the appeal is dismissed on ground of delay only.

(Nisha Gupta) President

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