A-1572/2023

25.09.2023

ORDER ON ADMISSION

Mr. RAVISHANKAR, JUDICIAL MEMBER

The Appellant/complainant has preferred this appeal being aggrieved by the order dated 21.09.2022 passed in CC.No.12/2021 on the file of District Consumer Disputes Redressal Commission, Kalaburagi and prays to allow the appeal and set aside and modify the order passed by the District Commission.

2. The office has noted that, there is a delay of 227 days in preferring the appeal and appellant sworn affidavit that, the District Commission passed the order on 21-9-2022 and the said order was not communicated to him and also certified copy was not received by the appellant, when he came to know in the month of Nov.2022, he applied for certified copy and the same was received on 22-11-2022. Thereafter, due to his age related ailments and limited ability to commute from Kalaburagi to Bengaluru; he was not able to engage a counsel to file appeal within time. Hence he could not file this appeal within the limitation period. 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 appeal are not the valid grounds to condone the delay. Further no materials placed to show he suffered ill health. 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.

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

Member                                                    Judicial Member

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