Rajasthan

StateCommission

A/1377/2017

M/s Ondot Couriar and Cargo Ltd. - Complainant(s)

Versus

Rajendar Sharma Address Perfact Sargical India Ltd. - Opp.Party(s)

Rajeev Agarwal

19 Jan 2018

ORDER

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

 

 

FIRST APPEAL NO: 1377/2017

 

M/s. Ondot Courier & Cargo Ltd., 61/03 Kirti Nagar Furniture Block Delhi & ors.

Vs.

Rajendra Sharma, Perfect Circle India Ltd. Local office G 499 Opp.Suraj Dharam Kanta, Road no. 12, Vishwakarma Industrial Area, Jaipur & ors.

 

Date of Order 19.1.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Rajeev Agarwal 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

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the District Forum, Jaipur 2^nd dated 10.11.2016 whereby the claim is allowed against the appellant. The matter has come upon application u/s 5 of the Limitation Act as the appeal is filed with delay of 369 days.

 

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

 

The contention of the appellant is that they could know about the impugned order only after receipt of the notice of contempt dated 25.11.2017 and thereafter immediately the appeal is filed but the contention of the appellant is false on the face of it as the ordersheet of the Forum below dated 29.7.2015 clearly speaks that the advocate Pankaj Pachlangia appeared before the Forum below on behalf of the present appellant no.2 and the notice of appellant no.1 were also sent on its proper address and when appellant no.2 appeared before the Forum below he was in the knowledge of the litigation and the reasons mentioned in the application u/s 5 of the Limitation Act is misconceived.

 

In view of the above there is no reason to condone the

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inordinate delay of 369 days and application u/s 5 of the Limitation Act is dismissed and so also the appeal.

 

(Nisha Gupta) President

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