NCDRC

NCDRC

RP/1848/2012

MAHINDRA HOLIDAYS & RESORTS INDIA LTD. - Complainant(s)

Versus

VASANTKUMAR H. KHANDELWAL & ANR. - Opp.Party(s)

MR. SATYAJIT A. DESAI & ANAGHA S. DESAI

21 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1848 OF 2012
 
(Against the Order dated 09/12/2011 in Appeal No. 512/2008 of the State Commission Maharastra)
1. MAHINDRA HOLIDAYS & RESORTS INDIA LTD.
Through its signatory Authority, Mahindra Tower,2nd floor 17/18 Patulors Road
Chennai - 02
Tamil Nadu
...........Petitioner(s)
Versus 
1. VASANTKUMAR H. KHANDELWAL & ANR.
Alok Vasantkumar Khandelwal Both R/o 1&2, R/OI Tirupati Chambers Convent Road,Akola
Akola
Maharastra
2. Rajendra Katarpawar,
Balaji Associates, Lokmat Bhawan , Dhantoli,
Nagpur
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 21 May 2012
ORDER

There was a delay of 104 days in filing the Appeal, which was over and above the period of 30 days, which is statutorily given to an aggrieved party to file the Appeal.  The only explanation given was that the file was moving from table to table get the permission to file the appeal.  Under the Consumer Protection Act, the District Forum is supposed to decide the complaint within a period of 90 days from the date of filing and, in case, some expert evidence is required to be led, then within 150 days. 

Where the statute has permitted only 30 days for filing the Appeal, delay of more than three times over the statutory period given for filing the Appeal, could not be condoned until and unless some sufficient cause is shown.  Supreme Court, in a recent judgment, Anshul Aggarwal vs. New Okhla Industrial Development Authority – IV(2011)CPJ 63 (SC) has held that while deciding the application filed for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained.  Relevant observations are as under:

“It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer foras.”

 

        We agree with the view taken by the State Commission that sufficient grounds were not made out for condoning the delay of 104 days.  Dismissed.

 

        Otherwise also, amount involved is very meager and the cost of litigation would be more than the amount involved.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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