NCDRC

NCDRC

RP/1817/2013

ANDHRA BANK - Complainant(s)

Versus

PATHA NARASAMMA - Opp.Party(s)

MR. R.P. VATS

15 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1817 OF 2013
 
(Against the Order dated 03/09/2012 in Appeal No. 408/2011 of the State Commission Andhra Pradesh)
WITH
IA/2917/2013,IA/2918/2013,IA/3600/2013
1. ANDHRA BANK
ZONAL OFFICE, GT ROAD,, NAGARAMPALEM,
GUNTUR
A.P
...........Petitioner(s)
Versus 
1. PATHA NARASAMMA
W/O LATE SHRI VENKATA KOTAIAH, R/O D.NO-11-2-4/8 NAVODHYA NAGAR, NARASARAPET,
GUNTUR
A.P
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Ms. Reema, Advocate
Mr. Suryanarayana, Chief Manager, Bank
For the Respondent :NEMO

Dated : 15 Jul 2013
ORDER

This revision petition has been filed with a delay of 128 days and in the application seeking condonation of delay, it appears that the delay occurred because of the case being moved from table to table.  We do not consider this as a satisfactory explanation.  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 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.”

         

            The delay of 128 days under the circumstances is inordinate and as stated above, no satisfactory explanation is given for the same.

          Application for condonation of delay is dismissed.  Consequently, the revision petition is dismissed on the ground of delay.

 

 
......................
VINEETA RAI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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