NCDRC

NCDRC

RP/4601/2010

MANAGER, SAHARA INDIA FINANCIAL CORPORATION LTD. & ORS. - Complainant(s)

Versus

RANA GOPALBHAI BHALLALBHAI - Opp.Party(s)

MR. P.N. YADAV

05 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4601 OF 2010
 
(Against the Order dated 05/08/2010 in Appeal No. 775/2008 of the State Commission Gujarat)
1. MANAGER, SAHARA INDIA FINANCIAL CORPORATION LTD. & ORS.
Residing at Borsad, Nr. Gandhiganj, Azad Pole, Borsad, Taluka Borsad
Anand
Gujarat
2. THE MANAGER, SAHARA INDIA ZONAL OFFICE
Having Address at Vadodara Zonal Office, 101, Niharika Apartment, Alkapuri
Vadodara
Gujarat
3. THE MANAGER, SAHARA INDIA COMMERCIAL CORPORATION
Having Address at, Main Office, Sahara India Bhavan - 1, Kapoorthala Complex
Lucknow - 226024
Uttar Pradesh
...........Petitioner(s)
Versus 
1. RANA GOPALBHAI BHALLALBHAI
R/o. Village Bhadran, Near Telephone Tower, Tehsil Borsad
Anand
Gujarat
...........Respondent(s)

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

For the Petitioner :
Mr.B.A. Ranganadhan and Mr.P.N. Yadav, Advocates
For the Respondent :NEMO

Dated : 05 Jan 2011
ORDER

There was a delay of 120 days in filing the Appeal, which was over and above the period of 30 days, which is statutorily given to an aggrieved party to file the Appeal.  The State Commission dismissed the appeal on the ground that no sufficient ground was shown for condoning the delay of 120 days.  Under the Consumer Protection Act, the District Forum is supposed to decide the complaint within a period of 90 days from the date of filing and, in case, some expert evidence is required to be led, then within 150 days.  Where the statute has permitted only 30 days for filing the Appeal, the delay, four times over the statutory period given for filing the Appeal, cannot be condoned until and unless some sufficient ground is shown.

          We agree with the view taken by the State Commission that no sufficient ground was made out for condoning the inordinate delay of 120 days.  Dismissed.

          Findings recorded on merits are confined to the facts of the case and be not taken as precedent for future reference.

 

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

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