NCDRC

NCDRC

RP/3532/2009

VEENABEN CHANDRAKANT SHAH - Complainant(s)

Versus

WEATHER CRAFT LTD. & ANR. - Opp.Party(s)

MS. POOJA K. DAVE

06 Nov 2009

ORDER

Date of Filing: 16 Sep 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3532/2009
(Against the Order dated 17/07/2008 in Appeal No. 314/2007 of the State Commission Gujarat)
1. VEENABEN CHANDRAKANT SHAH ...........Appellant(s)

Vs.
1. WEATHER CRAFT LTD. & ANR. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 06 Nov 2009
ORDER

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Even on third call, none is present on behalf of the petitioner. 
          This revision petition has been filed with a delay of 297 days, which is over and above, the statutory period of 90 days given for filing the revision petition. Consumer Foras are required to decide the complaint within 90 days of its filing where no evidence is required to be taken and in 150 days where evidence is to be taken. Delay of 297 days, in filing the revision petition cannot be condoned without showing sufficient cause. The petitioner has sought the condonation on the ground that she could not filed the revision petition earlier as her husband was admitted in the hospital. The order was received on 25.08.08 and her husband was admitted in the hospital on 19.02.09 by which time, the statutory period given for filing the revision
petition was already over. As the husband of the petitioner was admitted in the hospital much after expiry of the period prescribed for filing the revision petition, the plea taken for condonation on the ground of illness of the husband of the petitioner cannot be accepted. The petitioner has failed to show sufficient cause to condone the delay. 

          The revision petition is dismissed for non-prosecution and barred by limitation. 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER