16.08.2023

ORDER ON ADMISSION

Mr. RAVISHANKAR, JUDICIAL MEMBER

The Appellant/Opposite Party No.1 has preferred this appeal being aggrieved by the order dated 07.10.2021 passed in CC.No.04/2021 on the file of District Consumer Disputes Redressal Commission, Shivamogga and prays to allow the appeal and set aside the order passed by the District Commission.

2. The office has noted that, there is a delay of 606 days in preferring the appeal and appellant sworn affidavit that, he was suffering from high diabetes and high blood pressure and he had to undergo eye operation for removal of cataract, due to that he was getting fever with chills and he was advised to get admitted in the hospital as in patient for a period of one month, hence he could not file this appeal in time. The said delay is not intentional, but for bonafide reasons, hence prayed to condone the delay in filing the appeal.

3. On perusal of the affidavit sworn by the appellant, the grounds urged for non-filing of the appeal well within time is not satisfactory. The appellant has not established before this Commission that, the appeal is filed belatedly due to unavoidable circumstances. Mere health condition and unaware of the procedure and time period for filing this appeals are not the valid grounds to condone the delay.  If at all the appellant decides to prefer an appeal, he shall file an appeal within 45 days as contemplated in the Consumer Protection Act.  The reasons assigned in the affidavit are not reasonable/ satisfactory and the delay is fatal to the appeal. 

4. In view of the decision 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., v/s Kulvinder Singh Bahl, the appeal can be dismissed on the point of delay alone.  Accordingly, the appeal deserves to be dismissed on the point of enormous delay. Hence, we proceed to pass the following:-

O R D E R

The delay application is hereby dismissed.Consequently, the appeal is also dismissed.No order as to costs.

The amount in deposit shall be transmitted to the concerned District Commission to disburse the same to the appellant/ Opposite Party No.1.

Send a copy of this order to both parties as well as Concerned District Commission.

Member                                                    Judicial Member

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