Appeal filed by the appellant was dismissed for non-prosecution on 2.2.2011.  Present revision petition has been filed seeking setting aside of the order dismissing the appeal in default with a delay of 552 days, which is over and above the period of 90 days statutorily given to file the Revision Petition.  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.  Delay of 552 days cannot be condoned without sufficient cause being shown.  In the application for condonation of delay, it has been stated that the petitioner had filed the appeal before the State Commission through Mr.Arun Sinha, Advocate whose whereabouts were not known to the petitioner; that the petitioner was unable to contact the lawyer and obtained the copy of the order of the State Commission himself which led to the delay in filing the revision petition.   

We are not satisfied with the cause shown.  Appeal was of the year 1998 and was dismissed on 2.2.2011.  It is not believable that the appellant was not in touch with his lawyer.  It seems that the appellant and his lawyer, through whom the appeal was filed, lost interest in proceeding with the appeal.  There is a delay of about 1½ year.  Delay of each day has also not been explained.  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.”

In view of the above decision rendered by the Supreme Court, application for condonation of delay is dismissed.   Consequently, the appeal is dismissed as barred by limitation.