Rajasthan

StateCommission

A/1308/2017

Jaipur Development Authority Through Secretary - Complainant(s)

Versus

Roopchand Soni S/o Shri Mevaram Soni - Opp.Party(s)

R.P.Gupta

12 Mar 2018

ORDER

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

 

 

FIRST APPEAL NO:1308 /2017

 

Secretary, Jaipur Development Authority JLN Marg, Jaipur & ors.

Vs.

Roopchand Soni s/o Mewaram Soni r/o 5 Ja 13 Housing Board, Shastri Nagar, Jaipur.

 

Date of Order 12.3.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr.R.P.Gupta counsel for the appellants

 

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal is filed against the order passed by the

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District Forum, Jaipur 3^rd dated 10.2.2017 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 253 days.

 

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

 

It has been stated that the appellant is an official institution. On various stages opinion was sought. File was misplaced between legal and other department and after receipt of the contempt notice the matter was proceeded.

 

The bare reading of the application u/s 5 of the Limitation Act could not show any just or reasonable ground to condone the delay and reliance could be placed on IV 2016 CPJ 178 (NC) Reliance General Insurance Co. Vs. Pariyojna Nirman Pvt.Ltd. and 2017 NCJ 947 Sunita Vs. Bajaj Allianze Insurance Co.

 

The application is filed with vague averments even it does not contain the date on which file was misplaced and

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even if file was misplaced another copy could be obtained from the concerned Forum.

 

Hence, in view of the above there is no ground to condone the extra ordinary delay of 253 days and the appeal is liable to be dismissed on ground of delay.

 

(Nisha Gupta) President

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