NCDRC

NCDRC

RP/1256/2011

MEDICAL SUPERINTENDENT, TIRUNELVELI MEDICAL COLLEGE - Complainant(s)

Versus

U. SUBRAMANIAN & ANR. - Opp.Party(s)

MR. T. HARISH KUMAR

19 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1256 OF 2011
 
(Against the Order dated 11/06/2007 in Appeal No. 707/2003 of the State Commission Tamil Nadu)
1. MEDICAL SUPERINTENDENT, TIRUNELVELI MEDICAL COLLEGE
Tirunelveli Medical College Hospital
Tirunelvell - 627011
Tamil Nadu
...........Petitioner(s)
Versus 
1. U. SUBRAMANIAN & ANR.
No. 2/127, Housing Board Colony, Phase-II, Perumalpuram
Tirunelveli - 627007
Tamil Nadu
2. NAVARATHINA PUSHPAM, WIFE OF U. SUBRAMANIAN
No. 2/127, Housing Board Colony, Phase II, Perumalpuram
Tirunelveli - 627007
Tamil Nadu
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 19 Jul 2011
ORDER

None present for the Petitioner even on the second call at 12.30 p.m.  There is delay of 1317 days in filing the revision.  The explanation given for delay is found in paragraph-2 of the condonation application which reads as under:-

The impugned order was passed on 11.06.2007 thereafter the same was applied immediately.  The Certified Copy was made ready on 26.06.2007 and collected by the Petitioner on 29.06.2007 and collected by the Petitioner on 29.06.2007.  Thereafter the petitioner contacted the Government Pleader at Chennai for Legal Opinion for filing further Appeal.  On 22.06.2010 the Government Pleader   given his Legal Opinion for filing Appeal.  Thereafter the petitioner sent some papers on 24.08.2010 for filing Revision Petition to the Counsel for the State of Tamil Nadu at Delhi.  Advocate on Record requested the petitioner send some more documents for filing the Revision Petition.  The documents were sent to Delhi and the same was received in the second week of October and Ist week of November, 2010.  Thereafter the entire set of case bundles mixed up with other bundles in Tamil Nadu House Legal Cell.  After some time the same was trace out by the Legal Assistant.  Thereafter the Revision Petition was finalized and it is being filed now.  In the process, there was a delay which is neither intentional nor wanton but for the reasons mentioned above.  In the circumstances, it is in the interest of justice that this Hon’ble Court may kindly condone the delay”

 

          There is no explanation whatsoever for the period between 29.6.2007 and 22.6.2010 during which the legal opinion was sought.  Why the legal opinion did not come forth for such a long time has not been explained.  Even thereafter, the Petitioner was not careful and the entire set of the case bundle was mixed up with other bundles in Tamil Nadu House Legal Cell.  Thereafter also  it took considerable time for filing the revision on 18.4.2011.  We do not find that there are sufficient grounds to  condone   such   enormous   delay   of  1317  days.  The     condonation application application is, therefore, dismissed.  Consequently, the revision also stands dismissed with no order as to costs.

 

 

 

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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