West Bengal

StateCommission

FA/388/2010

Tata Motors Limited. - Complainant(s)

Versus

Sushil Bose. - Opp.Party(s)

Mr. Phiroze Edulji. Mr. Rajdeep Biswas.

02 Nov 2012

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
BHABANI BHAWAN (Gr. Floor),
31, Belvedere Road, Kolkata - 700027
 
FA No: 388 Of 2010
(Arisen out of Order Dated 24/02/2010 in Case No. 75/2006 of District None)
 
1. Tata Motors Limited.
Apeejoy House, Block-A, 5th floor, 15, Park Street, PS. Park Street, Kolkata- 700016.
2. Tata Motors Finance Limited.
Apeejoy House, Block-A, 15, Park Street. PS. Park Street, Kolkata- 700016.
...........Appellant(s)
Versus
1. Sushil Bose.
Vill- Uttar Jagacha. PS. Jagacha, PO. GIP Colony, Dist. Howrah.
2. M/S French Motor Car Co. Ltd.
234/3A, A.J.C. Bose Road. PS. Park Street. Kolkata- 700020.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE PRABIR KUMAR SAMANTA PRESIDENT
 HON'BLE MRS. SILPI MAJUMDER Member
 HON'BLE MR. SHANKAR COARI Member
 
For the Appellant:Mr. Phiroze Edulji. Mr. Rajdeep Biswas., Advocate
For the Respondent: Inperson., Advocate
 Mr. Imtiaz Ahmed., Advocate
ORDER

No. 3/22.11.2010.

 

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

 

Appellant through Mr. Raj Deep Biswas, the Ld. Advocate and Respondent No. 1 in person are present.

 

This appeal has been filed out of time by about 109 days.  The impugned judgement and order was passed on 24.02.2010 by the District Forum Unit – I, Kolkata.  The certified copy of the same was obtained by the Ld. Advocate engaged in the District Forum in the 1st week of March, 2010.  The same was forwarded to the Head Office in Mumbai in the 2nd of week of March, 2010 for taking a decision for filing an appeal before the State Commission.  The said Mumbai Office took decision to prefer an appeal only on 24.06.2010 i.e. after expiry of more than two months.  No explanation has been given in the above application as to why such a long period was taken to arrive at a decision to prefer an appeal against the impugned order.  We are, therefore, of the view that since no explanation has been given in the above application for the above delay in filing the above appeal before the State Commission, the application for condonation must fail.  The same is accordingly dismissed.  The appeal will stand as dismissed being barred by limitation.

 

 
 
[HON'BLE MR. JUSTICE PRABIR KUMAR SAMANTA]
PRESIDENT
 
[HON'BLE MRS. SILPI MAJUMDER]
Member
 
[HON'BLE MR. SHANKAR COARI]
Member

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