NCDRC

NCDRC

RP/1385/2012

M/S. SHOBHRAJ COLD STORAGE & ICE FACTORY & ANR. - Complainant(s)

Versus

SARDAR SANTOKH SINGH & ANR. - Opp.Party(s)

MR. BADRIDAS SHARMA

25 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1385 OF 2012
 
(Against the Order dated 16/06/2011 in Appeal No. 1105/2008 of the State Commission Rajasthan)
1. M/S. SHOBHRAJ COLD STORAGE & ICE FACTORY & ANR.
B-41 Road No-1 Vishwakarma Industrial Area,
Jaipur
Rajasthan
2. Om Prakash,S/o Sh Krishana Chand ,
Through M/s Shobraj Cold Storage & Ice Factory, B-41 Road No-1 Vishwakarma Industrial Area
Jaipur
Rajasthan
...........Petitioner(s)
Versus 
1. SARDAR SANTOKH SINGH & ANR.
Village Binderpur
Kapoorthala
Punjab
2. Girdhar Gopal ,
Mohalla No-15 Dal Mandi
Jalandhar Cantt
Punjab
...........Respondent(s)

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

For the Petitioner :MR. BADRIDAS SHARMA
For the Respondent :NEMO

Dated : 25 May 2012
ORDER

This revision petition has been filed with a delay of 202 days which is over and above the statutory period of 90 days given for filing the revision petition.   Under the Consumer Protection Act, 1986 a special period of limitation has been provided to ensure expeditious disposal of cases.  Complaint has to be disposed of within 90 days from the date of filing where no expert evidence is required to be taken and within                  150 days where expert evidence is required to be taken.  The inordinate


 

delay of 202 days cannot be condoned without showing sufficient cause.  The only reason given for condonation of delay is that the mother of the petitioner no.2 was suffering from paralyses and the petitioner no.2 had to attend to her so that she may not be put to any further disability due to which the delay occurred.    No details have been provided.  Day to day delay has also not been explained.  We are not satisfied with the explanation given.  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

 

-3-

court was to entertain highly belated petitions filed against the orders of the consumer foras.

 

The inordinate delay of 202 days cannot be condoned.  Application for condonation of delay is dismissed as a consequence thereof revision petition is dismissed.

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................J
K.S. CHAUDHARI
MEMBER
......................
VINEETA RAI
MEMBER

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