NCDRC

NCDRC

RP/3113/2009

PRINCIPAL NEW ERA SENIOR SECONDARY SCHOOL - Complainant(s)

Versus

SHIKHA AGGARWAL & ANR. - Opp.Party(s)

MR. BAANKEY BIHARI SHARMA

18 Sep 2009

ORDER

Date of Filing: 21 Aug 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3113/2009
(Against the Order dated 01/05/2009 in Appeal No. 2508/2003 of the State Commission Haryana)
1. PRINCIPAL NEW ERA SENIOR SECONDARY SCHOOLThrough its Manager Shri S.K. Mittal, Yamuna nagar ...........Appellant(s)

Vs.
1. SHIKHA AGGARWAL & ANR.D/o Satish Aggarwal, r/o 2850, Sector-22-CChandigarh2. Secretary Board of School EducationBhiwaniHaryana ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. BAANKEY BIHARI SHARMA
For the Respondent :NEMO

Dated : 18 Sep 2009
ORDER

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          Delay of 9 days in filing the Revision Petition is condoned.

          The State Commission has dismissed the appeal because of the delay of 116 days in filing the appeal against the statutory limit of 30 days as well as on merits.  State Commission, in its order, has recorded that it was not satisfied with the explanation given.  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 evidence is required to be led, then within 150 days.  Delay of 116 days, under the circumstances, could not have been condoned without showing sufficient cause.  Petitioner has not put on record the application filed by him before the State Commission for condonotion of delay.

          We agree with the view taken by the State Commission that petitioner had failed to show sufficient cause for condoning the delay of 116 days.  We agree with the State Commission on merits as well.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER