NCDRC

NCDRC

RP/2718/2010

BSES RAJDHANI POWER LTD. - Complainant(s)

Versus

SWARAN SINGH - Opp.Party(s)

M/S. K. DATTA & ASSOCIATES

13 Sep 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2718 OF 2010
(Against the Order dated 06/05/2010 in Appeal No. 667/2009 of the State Commission Delhi)
1. BSES RAJDHANI POWER LTD.Having Registered Office at BSES Bhawan, Nehru PlaceNew DelhiDelhi ...........Petitioner(s)
Versus
1. SWARAN SINGHR/o. 47, Mera Kunj, Nilothi Village, NangloiNew Delhi - 110041Delhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 13 Sep 2010
ORDER

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Heard Counsel appearing on both sides.  The appeal filed by the present  petitioner before the State Commission was dismissed on the ground of delay of 15 days in filing the appeal.  The petitioner had filed an application for condonation of delay explaining reasons for delay in para 5 to 10 of the condonation application.  After going through the said explanation, it can be said that it is not a case of total inaction on the part of the petitioner, but there has been some lack of diligence on the part of the petitioner in pursuing the matter for the purpose of filing the appeal.  In view of this, in our opinion, the delay of 15 days is required to be condoned, subject to payment of cost of Rs.5000/- by the petitioner to the respondent.  In view of this, the delay is condoned and the order of the State Commission refusing to condone the delay, is set aside.  The State Commission shall, therefore, hear the matter on merit, subject to, of course,  payment of the sum of Rs.5000/- as cost to the respondent.  The cost be paid on or before the next date.  The revision is allowed in the aforesaid terms, with no order as to cost. 

Parties shall appear before the State Commission on 8.11.2010 for taking the date of final hearing. 

          Dasti copy of the order be given to both the sides.

 



......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER