Fakir Chand
v/s
Videocon TV & Ors.
10.02.2023 CC/29/21
- Vide this order we shall decide the two applications filed by the LR of the now deceased complainant.
- The first application is to bring the Legal Heir (LR) on record. A complaint was filed by Sh. Fakir Chand on 01.02.2021. Subsequently he expired on 15.05.2021. His son Rahul Arya has filed an application as his Legal Heir (LR) to be brought on record in place of the complaint.
- The second application is an application to condone the delay in filing the first application which was filed on 14.07.2022 i.e. after more than a year of the death of the complainant. The LR has stated in his condonation of delay application that due to the death of his other relatives he was unable to file the application to bring himself on record as LR.
- We have heard the son of the complainant Sh. Rahul Arya and Counsel Arvind Kumar Gupta in detail and have carefully perused the documents filed by the LR to substantiate his claim. We find that the present complaint was admitted on 01.02.2021. On 01.10.2021, Ld. Counsel of the complainant informed the Commission that the complainant was deceased and date was given for further proceedings. Thereafter on 04.05.2022 i.e. after a year of the complainant’s death the Ld. Counsel again sought short adjournment to file the application to bring the LR’s on record which was eventually filed on 04.01.2023, dated 15.07.2022. On 15.07.2022 the Bench was busy in administrative meeting and hence no effective hearings were conducted.
- The question therefore is the limitation in filing the application to bring the LR on record. Since the complainant expired on 15.05.2021, the LR and the Ld. Counsel were aware that the application was to be filed to bring the Legal Heir (LR) on record and hence limitation accrued from 15.05.2021. However in light of the Hon’ble NCDRC Rules wherein it is stated that when no specific provision is given to file applications the limitation to do the needful shall expire after 1 month of knowledge.
- Hence, the limitation to file this application no.1 expired on 14.06.2021. However, the Hon’ble Supreme Court in the Suo Moto Writ Petition (Civil) No.3/2020 order dated 14.07.2021 in RE: “Cognizance for Extension of Limitation” limitation period from 15.03.2020 till further order shall stand excluded.
As per para 2 (1) & 2(2) Judgment:
“2(1). In computing the period of limitation for any suit, appeal, application or proceedings the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.”
“2(2). In case where the limitation would have expired during the period between 15.02.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021, in the event the actual balance period of 90 days from 15.03.2021. In the event the effect from 15.03.2021, is greater than 90 days, that longer period shall apply.
Thereafter on 10th of January 2022 the Hon’ble Supreme Court of India again passed an order in the said petition wherein clearly mentioned that “in case where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply.”
Thus the limitation for the application is extended to May, 2022. The Ld. Counsel/LR of the complainant have filed this application on 20.09.2022 a delay of 4 ½ months.
- Though the LR has stated in his application of condonation of delay that other family members and relatives also died due to the Corona Pandemic. No documents has been placed on record towards the same. The LR has instead placed on record Death Certificate of Sh. Rajeev Chandra who expired on 04.05.2021, Puran Singh, Date of death – 22.05.2021, medical diagnostic report of Premwati for corona virus dated 05.08.2022. Similarly, positive covid report of Vimal Kumari Arya dated 27.08.2022 and inconclusive report dated 17.05.2021 and finally his own positive report dated 18.05.2021.
- The Covid positive report of the LR is the only document that can have veracity in the absence of any detail of the relation with persons whose Death Certificate he has annexed as to how or on what grounds the delay occurred pertaining to said deceased individuals. Simply by alleging that he was busy with the last rights of other people cannot become grounds for condonation. The LR’s report is dated 18.05.2021 which is covered by the suo-moto extension granted by the Hon’ble Supreme Court and therefore does not fall within the period he seeks condonation towards.
- Hence, we do not find any reason to condone the delay of approx. 4½ months in filing the present application. The Application No.2 of condonation of delay in filing of the application to bring the LR on record is hence dismissed without cost.
- Consequently Application No.1 is also not allowed as it is time barred which means that nothing survives in the present complaint as the complainant who had filed the same has expired on 15.05.2022.
Copy of the order be given as dasti.
File be consigned to record room thereafter.
(R.C. YADAV) (DR. HARSHALI KAUR) MEMBER MEMBER
SONICA MEHROTRA
(PRESIDENT)
