NCDRC

NCDRC

RP/1549/2012

DELHI DEVELOPMENT AUTHORITY - Complainant(s)

Versus

VIJAY BALA KAPOOR - Opp.Party(s)

MRS. GIRIJA WADHWA

21 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1549 OF 2012
 
(Against the Order dated 23/01/2012 in Appeal No. 576/2010 of the State Commission Delhi)
1. DELHI DEVELOPMENT AUTHORITY
Vikas Sadan,INA,
New Delhi
Delhi
...........Petitioner(s)
Versus 
1. VIJAY BALA KAPOOR
W/o Shri S.K kapoor, R/o House No-608,Sector-21
Gurgaon
Haryana
...........Respondent(s)

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

For the Petitioner :MRS. GIRIJA WADHWA
For the Respondent :MR. VIBHU TIWARI

Dated : 21 May 2012
ORDER

There was a delay of 120 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 four 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 120 days.  Dismissed.

 

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

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