NCDRC

NCDRC

RP/508/2012

EXECUTIVE ENGINEER & ADMINISTRATIVE OFFICER, TAMIL NADU HOUSING BOARD - Complainant(s)

Versus

V. MEENAKSHI & ORS. - Opp.Party(s)

MR. B. BALAJI & MS. MADHUSMITA BORA

06 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 508 OF 2012
 
(Against the Order dated 16/12/2010 in Appeal No. 25/2007 of the State Commission Tamil Nadu)
1. EXECUTIVE ENGINEER & ADMINISTRATIVE OFFICER, TAMIL NADU HOUSING BOARD
Tamil Nadu Housing Board
Tiruneveli - 11
Tamil Nadu
...........Petitioner(s)
Versus 
1. V. MEENAKSHI & ORS.
W/o Late L Lakshmi kanthan, 66 Pothigai Nagar
Tiruneveli - 11
Tamil Nadu
2. L Lakshmirathan, S/o Late L.Lakshmi kanthan,
66 Pothigai Nagar
Tiruneveli - 7
Tamil Nadu
3. L Shenbaganathan, S/o Late L.Lakshmi kanthan
66 Pothigai Nagar
Tiruneveli - 7
Tamil Nadu
4. L. Sankaranarayana
66 Pothigai Nagar
Tiruneveli - 7
Tamil Nadu
5. L Anuratha Mageswari D/o Late L.Lakshmi kanthan,
66 Pothigai Nagar
Tiruneveli - 7
Tamil Nadu
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Ms. Madhusmita Bora, Advocate
For the Respondent :NEMO

Dated : 06 Sep 2012
ORDER

PER SURESH CHANDRA, MEMBER Challenge in this revision petition is to the order dated 16.12.2010 passed by the State Consumer Disputes Redressal Commission, Chennai (tate Commissionin short) by which the State Commission dismissed the appeal filed by the petitioners against the order dated 3.1.2006 passed by the District Forum accepting the complaint filed by the complainants, respondents herein. 2. It is observed that there is delay of 285 days in filing this revision petition. We have perused the application filed by the petitioners for condonation of this delay and have also heard Ms. Madhusmita Bora, Advocate, learned counsel for the petitioners. The petitioner has given the following reasons in support of the delay in filing this revision petition:- . The impugned order was passed on 16.12.2010 after which the petitioner being a Government body took some time in getting legal opinion about the next course of action. In the process some delay has occurred in the filing of the Revision Petition. 3. It is submitted that the delay in filing the present revision petition is neither deliberate nor wanton. Hence, it is respectfully prayed, that the delay in filing the same may be condoned. 3. The above reasons put forth by the petitioners hardly constitute the sufficient cause justifying the inordinate delay of 285 days in question. No dates have been given by the petitioners while explaining the delay except offering a vague and general explanation. It appears that the petitioners are not at all careful and diligent in pursuing the matter. We are, therefore, not inclined to condone the delay of 285 days in filing this revision petition and the revision petition is liable for dismissal on this ground alone. In respect of the merits also, we do not see any reason or substance in the revision petition which would call for our interference while exercising our revisional jurisdiction. Both the Fora below have returned their concurrent finding against the petitioners while accepting the complaint. Keeping in view the ratio of the judgement given by the Apex Court in the case of Rubi (Chandra) Dutta Vs. M/s United India Insurance Co. Ltd. [(2011) 11 SCC 269] there is no case to interfere with the impugned order. The revision petition, therefore, stands dismissed in limine. No costs.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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