NCDRC

NCDRC

RP/4077/2010

UTTARI HARYANA BIJLI VITRAN NIGAM LTD. & ANR. - Complainant(s)

Versus

SHIV CHARAN - Opp.Party(s)

M/S. JURISPERITUS

12 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4077 OF 2010
 
(Against the Order dated 26/02/2010 in Appeal No. 98/2010 of the State Commission Haryana)
1. UTTARI HARYANA BIJLI VITRAN NIGAM LTD. & ANR.
Through its Chairman, Shakti Bhawan
Panchkula
Haryana
2. THE S.D.O. OP/AEE,
City Sub Division, UHBVN, Sadhaura
Yamuna Nagar
Haryana
...........Petitioner(s)
Versus 
1. SHIV CHARAN
R/o. Village Muradpur, Tehsil Jagadhri
Yamuna Nagar
Haryana
...........Respondent(s)

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

For the Petitioner :
Mr. Digit Saikia, Advocate
For the Respondent :NEMO

Dated : 12 Jan 2011
ORDER

The buffalo of the complainant/Respondent died due to electrocution.  Report was lodged in the police station and post mortem was got done on the same day from the Veterinary Surgeon, who gave his report that death was due to electrocution.  Respondent lodged the complaint with the petitioner, which was not entertained.  Being aggrieved, Respondent filed a complaint seeking directions to the petitioner to pay Rs.20,000/- (value of the buffalo) along with interest, compensation and costs.  District Forum allowed the complaint and directed the petitioner to pay a sum of Rs.20,000/- as cost of buffalo along with interest @ 9% after three months of the accident till realization.

2.                Petitioner being aggrieved by the order of the District Forum filed an appeal before the State Commission, which was dismissed.  The State Commission has relied upon the judgments of this Commission in case of  “CGM P & P NDPCI and others Vs. Koppu Duddarajam and another” in IV (2008) CPJ, 139 (NC) and a judgment of the Supreme Court in the case of Rajasthan State Electriciy Board Vs. Charan Singh reported in 1999 (1) CPC 241 (SC) wherein the liability to pay the compensation for the death of the buffalo due to electrocution was confirmed.

3.                This Revision Petition has been filed with the delay of 147 days, which is over and above the statutory period of 90 days for filing Revision Petition.  Under the Consumer Protection Act, the case is required to be decided within 90 days where no evidence is to be taken and within 150 days where expert evidence is required to be taken.  The delay of 147 days cannot be condoned without showing sufficient cause.  The only reason given for condonation of delay is that the file was moving from table to table.  We are not satisfied with the cause shown.  Day-to-day delay has not been explained. The Revision Petition is liable to be dismissed on the ground of delay. 

4.              Otherwise also, the State Commission has dismissed the appeal relying upon the judgment of this Commission as well as Supreme Court, which is binding on us as well. 

5.             Dismissed as barred by limitation as well as on merits.

                  

 

 

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

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