Date of Filing : 20.12.2022
& 21.12.2022
Date of Disposal : 20.02.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED : 20.02.2023
PRESENT
HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
APPEAL Nos. 2481 to 2485/2022 & 2490 to 2495/2022
Karnataka Urban Water Supply
& Drainage Board,
Belagavi Division,
Represented by its Executive Engineer,
Shri.Suresh C. Maranal,
Age: 59 Years
Occ: Executive Engineer,
KUWSDB
R/o: Visveshvaraiya Nagar,
Belagavi - 590019
(By Mr Sushen S, Advocate) Appellant
(Appellant is same in all the Appeals)
-Versus-
1. Appeal No.2481/2022
1. Sri Sandeep Sudhakar Patil .
Age: 44 Years
Occ: Nil,
R/o:Plot No.176
2nd Stage,
Hanuman Nagar
Belagavi District - 590019
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years
Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
2. Appeal No.2482/2022
1. Sri Siddaram Kadappa Bahadduri .
Age: 39 Years
Occ: Nil,
R/o:At:Post:Yadgud,
Hukkeri Taluka,
Belagavi District – 591309
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
3. Appeal No.2483/2022
1. Sri Borajja Ramappa Karigaudar .
Age: 44 Years
Occ: Nil,
R/o:Benchinmardi Village
At Post Urbinhatti
Gokak Taluk,
Belagavi District - 591122
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
4. Appeal No.2484/2022
1. Sri Kadappa Satappa Dappaduli .
Age: 44 Years
Occ: Nil,
R/o:Benchinmardi Village
At Post H No 250/1,
At Post:Konnur,
Gokak Taluk ,
Belagavi District - 591231
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
5. Appeal No.2485/2022
1. Sri Nagappa Basalingappa Kocharagi .
Age: 41 Years
Occ: Nil,
R/o:Benchinmardi Village
At Post Urbinhatti
Gokak Taluk,
Belagavi District – 591122
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
6. Appeal No.2490/2022
1. Shri.Kempanna Ningappa Patil, .
Age: 45 Years
Occ: NIL,
R/o.: At Post: Kundargi,
Gokak Taluka,
Belagavi District - 591122
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
7. Appeal No.2491/2022
1. Shri.Shivling Bhimasheppa Gadagali, .
Age: 44 Years
Occ: NIL,
R/o: Benchanmardi Village,
At Post: H.No.510,
Renuka Nagar,
At Post: Kundargi,
Paschapur,
Gokak Taluka,
Belagavi District - 591122
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
8. Appeal No.2492/2022
1. Shri. Basavaraj S. Koudi, .
Age: 47 Years
Occ: NIL,
R/o: Benchanmardi Village,
At Post: Kundargi,
Gokak Taluka,
Belagavi District - 591122
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
9. Appeal No.2493/2022
1. Shri. Tammaji Baburao Annanaik, .
Age: 43 Years
Occ: NIL,
R/o: Benchanmardi Village,
At Post: Paschapur,
Gokak Taluka,
Belagavi District - 591122
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
10. Appeal No.2494/2022
1. Shri.Irranna Baburao Kori, .
Age: 52 Years
Occ: NIL, R/o: C/o: B S Hanji,
Laxmi Nilay, Sankeshwar,
Hukkeri Taluka,
Belagavi District 591313
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
11. Appeal No.2495/2022
1. Shri. Basavaraj Rudrappa Suryavanshi, .
Age: 43 Years
Occ: NIL, R/o: C/o: Shindihatti Village,
At Post: Hidkal Dam,
Hukkeri Taluka,
Belagavi District - 591107
2. M/s. Nandi Electricals
Represented by its Proprietor
Shri.Basavaraj Ningappa Hudali,
Age: 50 Years Occ: Business,
R/o: Shivabasav Nilay,
Plot No.45, CTS No.6361,
Sector No.8, Anjenaya Nagar,
Belagavi – 590016
3. The Regional Provident Fund
Commissioner,
Bhavishya Nidhi Bhavan,
New Block No.10,
Behind Income Tax Office,
Navnagar, Hubballi - 580025 Respondents
:COMMON ORDER:
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
1. These Appeals are filed under Section 41 of Consumer Protection Act 2019, by OP1 aggrieved by the Order dated 30.12.2019 passed in Consumer Complaint Nos.471/2018 to 475/2018 and 476/2018 to 481/2018 on the file of District Consumer Disputes Redressal Forum, Belagavi (for short, the District Forum). Since the facts and law involved in all these cases are one and the same, they have been taken up together for consideration.
2. Heard the arguments of Learned Counsel for Appellant.
3. On perusal of the Order Sheet, it is seen that the Office has pointed out that there is a delay of 1056 days in preferring the Appeal Nos.2481 to 2485 of 2022 and 1057 days delay in preferring Appeal No.2490 to 2495/2022.
4. The Appellant has filed an Application u/s 5 of the Limitation Act, seeking to condone the delay of 1,056 and 1,057 days respectively, in preferring all these Appeals.
5. In the Affidavit filed in support of the said Application amongst other contentions, contended that Appellant after knowing about the Impugned Order passed by the District Forum instructed his Counsel Mr Z N Hansi to prefer the Appeals before this Commission, but he had not preferred the Appeals in time, for the reason best known to him only. However, Appeals have been filed on knowing the true facts, since the Appellant had a good case on merits and the delay in filing all these Appeals is not intentional but for bonafide reasons.
6. At the time of filing of Applications for condonation of delay, it is for the Appellant to explain as to how they were prevented from not filing the Appeals in time. The delay of 1056 and 1057 days in preferring the appeals is an enormous one. The reasons assigned in the Affidavit filed in support of delay condonation application are purely administrative in nature. Time and again it has been held that administrative delay & administrative lapses cannot be termed as sufficient reasons. For these reasons, in our considered opinion, the Appellant has not at all explained in any justifiable manner, the reasons for delay caused in filing the present Appeals. Hence, delay is fatal to the Appeal.
7. In view of the decisions rendered by the Hon’ble National Consumer Disputes Redressal Commission reported in 2018 (2) CPR 507 (NC) the matter between M/s TDI Infrastructure Ltd., Vs Kulvinder Singh Bahl and also in 2019 (1) CPR 5 (NC) in the case of Care Hospital, Nagpur Vs Naresh Gopalakrishna Vyas & others, it is held that the Appeals can be dismissed on the point of delay alone. In view of the same, the instant Appeals require to be Dismissed. Accordingly, the IA filed u/s 5 of Limitation Act by the Appellant in all these Appeals is hereby Dismissed and consequently, the Appeal Nos.2481 to 2485/2022 and 2490 to 2495/2022 also stands Dismissed.
8. The statutory deposits in all these Appeals is directed to be transferred to the District Commission for further needful.
9. Keep the Original of this Order in Appeal No.2481/2022 and copy thereof, in rest of the Appeals.
10. Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.
President
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