NCDRC

NCDRC

RP/117/2013

BIHAR STATE HOUSING BOARD & 2 ORS. - Complainant(s)

Versus

RAM CHANDRA PRASAD - Opp.Party(s)

MR. BRAJ K. MISHRA

05 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 117 OF 2013
 
(Against the Order dated 25/05/2012 in Appeal No. 156/2001 of the State Commission Bihar)
1. BIHAR STATE HOUSING BOARD & 2 ORS.
THROUGH THE MANAGER DIRECTOR, 6 MANGLES ROAD,
PATNA
BIHAR
2. THE MABNAGER ESTATE, BIHAR STATE HOSUING BOARD,
6 MANGLES ROAD,
PATNA
BIHAR
3. ASSITANT ENGINEER (HOUSING BOARD)
HOUSING COLONY,DALPATPUR,ARA
BHOJPUR
BIHAR
...........Petitioner(s)
Versus 
1. RAM CHANDRA PRASAD
S/O MUKHLAL RAM, MIG -5 HOUSING COLONY, DALPATPUR ARA,
BHOJPUR
BIHAR
...........Respondent(s)

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

For the Petitioner :
Ms. Aparna Jha, Advocate with
Mr. Braj K. Mishra, Advocate.
For the Respondent :
Mr. Anand S. Jha, Advocate.

Dated : 05 Sep 2013
ORDER

This appeal has been filed with a delay of 140 days. We have perused the application seeking condonation of delay. It is stated by the Counsel for the Petitioner that the delay occurred primarily due to detailed bureaucratic procedures since Petitioner is a government organization and every document sent to the Petitioner has to be carefully scrutinized by various departments to see that there is no error in the documents. The delay of 140 days in filing the revision petition, is over and above the period of 90 days statutorily given to file the revision petition. Under the Consumer Protection Act, 1986 the consumer fora are required to decide the cases in a 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 only reason given for condonation of delay is that delay occurred primarily due to detailed bureaucratic procedures. We are not satisfied with this explanation given. The Honle Supreme Court of India 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 : t 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. Respectfully following the above judgment and in view of the unsatisfactory explanation, we are not inclined to condone the delay of 140 days. Application for condonation of delay is dismissed. Consequently, the revision petition is dismissed as barred by limitation.

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

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