Capital First Ltd. Represented by Manager Legal, Shri. Rajeev Ranjan filed a consumer case on 18 Mar 2019 against Sri. Aninda Narayan Chowdhury in the StateCommission Consumer Court. The case no is A/6/2019 and the judgment uploaded on 20 Mar 2019.
Tripura State Consumer Disputes Redressal Commission, Agartala.
Case No.A.6.2019
Represented by Manager Legal,
Shri Rajeev Ranjan,
6th Floor, Block -B,
Appejoy House, 15 Park Street, Kolkata,
West Bengal, Pin: 700016.
… … … … Appellant/Opposite Party.
S/o Late Anjan Chowdhury,
Parvati Villa, Palace Compound,
Jagannath Bari Road, P.O. Agartala,
P.S. West Agartala, District: West Tripura,
Pin: 799001.
… … … … … Respondent/Complainant.
Present
Hon’ble Mr. Justice U.B. Saha
President,
State Commission
Mr. Narayan Ch. Sharma,
Member,
State Commission
Dr. Chhanda Bhattacharyya,
Member,
State Commission
For the Appellant: Mr. Mridul Kanti Arya, Adv.
For the Respondent: Mr. Debesh Chandra Roy, Adv.
Date of Hearing and Delivery of Judgment: 18.03.2019.
J U D G M E N T [O R A L]
U.B. Saha,J,
The instant appeal is filed against the judgment dated 19.09.2018 passed by the learned District Consumer Disputes Redressal Forum (hereinafter referred to as District Forum), West Tripura, Agartala in Case No. C.C.06 of 2018 whereby and whereunder the learned District Forum directed the appellant, Capital First Ltd. (hereinafter referred to as opposite party) to pay the respondent (hereinafter referred to as petitioner) compensation amounting to Rs.25,000/- for deficiency in service and Rs.5,000/- as cost of litigation, in total Rs.30,000/-. If the amount is not paid within two months, it will carry interest @ 9% per annum.
The aforesaid appeal is filed along with an application seeking condonation of delay of 133 days in preferring the appeal.
The petitioner had submitted an application under Section 12 of the Consumer Protection Act, 1986 before the learned District Forum stating, inter alia, that he had purchased one LG LED TV from Capital Electronics and paid an amount of Rs.7,000/- in cash as down payment and rest of the amount to be financed by the appellant-opposite party, Capital First Ltd. through his Axis Bank Account. Accordingly, payment of installments was completed in the month of February, 2016. Petitioner at the time of purchase handed over the copy of PAN Card, -mail ID, Mobile number etc. to the appellant-opposite party. Thereafter, when the petitioner tried to purchase one TVS Scooty from TVS Finance, he was informed that he is a defaulter of previous loan from Capital First Finance i.e. appellant herein. When he made contact, that time appellant-opposite party stated that he was defaulter for the month of September, 2015 and he had to pay Rs.10,901/-. Rs.10,901/- was to be collected earlier. If it was not collected, it was the fault of the Finance Company as the Finance Company did not inform him anything regarding the said fact in time. Thus, the appellant-opposite party, the appellant herein, is at fault by their own conduct for non-collection of monthly installment from the petitioner’s Bank Account. Due to the fault of the appellant-opposite party, the petitioner sustained mental tension, agony, pain etc. for which the petitioner issued a demand notice through his appointed Counsel which was received by the appellant-opposite party on 25th January, 2018 and even thereafter also, the opposite party did not contact with the petitioner. Hence, he filed the complaint petition claiming compensation of Rs.22,000/- for deficiency in service and cost of litigation.
“26.04.18- Complainant filed hazira. Learned advocate for O.P. appeared and informed that original copy of VOKALATNAMA will be submit of (sic) the next date. O.P. is submit the W.S. To 15/05/2018 for W.S. by O.P.”
On 15.05.2018, no step was taken by the opposite party. The case was adjourned as the Learned President of the Forum was out of station. Case was fixed for written statement on 30.05.2018. On 30.05.2018, the opposite party again preferred time to file the written statement. The learned District Forum allowed time as a last chance and the case was fixed on 14.06.2018 for written statement by the appellant opposite party. On 14.06.2018, the opposite party failed to submit the written statement. Thus, the learned District Forum fixed the case on 29.06.2018 for evidence of the petitioner. On 29.06.2018, there was no step from the opposite party. Ld. Advocate for the petitioner had prayed time to give evidence. Time was allowed and the case was fixed on 16.07.2018 for evidence. On 16.07.2018, the petitioner filed the statement on affidavit, but no step from the opposite party. As the Learned President of the Forum was absent, the case was adjourned and fixed on 25.07.2018 for evidence. On 25.07.2018, petitioner was examined, but no step by the opposite party. Cross dispensed with thereafter, the opposite party did not appear before the learned District Forum and the learned District Forum heard the argument of the petitioner side and delivered the impugned judgment. Against which, the opposite party has preferred the present appeal along with the condonation petition as stated (supra).
“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 Court was to entertain highly belated petitions filed against the orders of the Consumer Foras.”
For the reasons stated above, it is clear that there is no proper reason and justification for condoning the delay. We are of the opinion that the delay in filing the connected appeal has not been properly explained and the same is also not satisfactory. Accordingly, the condonation petition is dismissed and in consequent thereto, the appeal also stands dismissed. No order as to costs.
Send down the records to the Ld. District Forum, West Tripura, Agartala.
|
|
Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes
Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.