Dtd.12.09.2024                                             A/1727/2023

O R D E R

                 BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

This appeal is filed U/s.41 of CPA 1986 by OP.2/Appellant aggrieved by the order dtd.25.03.2015 passed in CC/48/2014 by Chikmagaluru District Forum.

The District Forum allowed CC/48/2014 in part and directed OPs to return the original documents to the Complainant within one month from the date of receipt of this order. Further directed to pay compensation of Rs.2,000/- for deficiency in service and Rs.1,000/- as litigation cost within one month from the date of receipt of this order, failing which, to pay interest at 9% p.a. It is this order is assailed by OP.2 after lapse of 3054 days of delay along with affidavit of Sri.Prakash Rao Babode, Managing Director, Karnataka State Co-operative Housing Federation Ltd., In his affidavit had sworn in he came to Appellant Federation recently, earlier staff of federation was changed and someone had resigned from the federation job, thereby the file was misplaced and could not be traced, despite due diligence by them. They came to know the order of the Commission on 09.03.2023 when notice issued by advocate. In our view such reasons cannot be acceptable to hold OP.2 had sufficient cause for not preferring the appeal within time stipulated. The very object of consumer law and its procedure being summary in nature, filing an appeal after lapse of 3054 days is held filed after expiry of time stipulated to prefer an appeal is hereby dismissed with no order as to cost.

Notify copy of this Order to the District Commission and parties.

          Lady Member                                 Judicial Member     

*NS*