NCDRC

NCDRC

RP/711/2011

JASWANT KAUR - Complainant(s)

Versus

PUNJAB STATE POWER CORPORATION LTD. (EASTWHILE PUNJAB STATE ELECTRICITY BOARD) - Opp.Party(s)

MR. UPDIP SINGH

06 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 711 OF 2011
 
(Against the Order dated 17/12/2010 in Appeal No. 550/2010 of the State Commission Punjab)
1. JASWANT KAUR
Resident of Plot No. 50-A, Kot Salig Ram
Amritsar
Punjab
...........Petitioner(s)
Versus 
1. PUNJAB STATE POWER CORPORATION LTD. (EASTWHILE PUNJAB STATE ELECTRICITY BOARD)
Sultanwind Sub Division
Amritsar
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. UPDIP SINGH
For the Respondent :NEMO

Dated : 06 Jul 2011
ORDER

The State Commission has dismissed the appeal as barred by limitation.  There was a delay of 154 days in filing the appeal.  We have perused the Medical Certificate produced by the petitioner along with the application for condonation of delay before the State Commission.  The Certificate only says that the petitioner was suffering from PIVD for the last six months but it does not say that

 

-2-

because of the disease from which the petitioner was suffering she was incapacitated to move or conduct her day to day work. 

          The statutory period given under the Consumer Protection Act, 1986 for filing the appeal is 30 days.  Under the Consumer Protection Act, the consumer fora are required to decide the case within a period of 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 inordinate delay of 154 days could not be condoned without showing sufficient cause.  Delay of each day has to be explained.   Petitioner has failed to show the sufficient cause for condoantion of the delay and the Medical Certificate produced by the petitioner could not be relied upon as it does not say that because of the problem from which the petitioner was suffering, she was incapacitated in any way to file the appeal within time.   Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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