Order No. 7 Date: 28-04-2017

Sri Shyamal Gupta, Member

Record is put up today for passing order in respect of delayed filing of this Appeal.

In justification, it is stated by the Appellants that copy of the impugned order was reportedly delivered to the branch office at Siliguri on 29-01-2016, but no authorized person was available at the said branch office from 28-12-2015 to 19-04-2016 since the Branch Manager of the said office resigned in the month of December, 2015 and the new Branch Manager joined office on 19-04-2016.  After discovering the copy of impugned order, the said Branch Manager immediately got in touch with the concerned Zonal Legal Manager on 22-04-2016.  After going through necessary papers, the said Zonal Legal Manager recommended to file an Appeal on 28-04-2016.  On the basis of such intimation, the Head Office of the Appellants sought for certain clarifications regarding the order on 03-05-2016 which was subsequently provided to them.  The competent authority in the Head Office decided to file an Appeal on 17-06-2016 which was ultimately filed on 29-07-2016.

On going through the petition seeking condonation of delay, it appears that the Appellants primarily held headless condition of the branch office from 28-12-2015 to 19-04-2016 in the wake of alleged resignation of the erstwhile Branch Manager for delayed filing of the Appeal.  We, however, notice that no cogent documentary proof is forthcoming before us to ascertain the veracity of such claim.

Be that as it may, there is no clarity why the acting In-charge of the said Branch Office of Appellants did not set the said document into motion in order to draw a logical conclusion in the matter.  It is hardly believable that in absence of the Branch Manager, entire working of the said branch office came to a standstill. 

Also, we notice that despite receiving due clarification from the Zonal Legal Manager in Kolkata, the Head Office of the Appellants simply sat tight over it for nearly a month and ultimately gave its nod to move an Appeal on 17-06-2016. Such indecision on the part of the Head Office of the Appellants does not inspire any confidence in our mind about the sincerity of purpose on the part of the Appellants.

Due emphasis must be laid down into the fact that Consumer Forum being the creature of Statute is bound to religiously act in accordance with the provisions of the Statute.  While the Statute has prescribed a time frame of 30 days to move an Appeal, strict vigil should be kept in order to ensure that time-barred Appeals are firmly dealt with, lest the expressed motto of this beneficial legislation gets defeted.  Liberal approach towards genuine predicaments may be the order of the day.  However, when excuses such as absence of any particular official of branch office or prolong indecision of the Head Office is cited as a raison d'être for delayed filing of an Appeal, we feel, by accommodating such poor alibis, we would only impart gross injustice to the party on the other side of the fence.  This is certainly not desirable.

In view of this, we are not inclined to allow the petition filed on behalf of the Appellants praying for condonation of 160 days delay (excluding the statutory period of limitation) in filing the Appeal.  As a result thereof, the instant Appeal stands dismissed being barred by limitation.