02/02/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on the petition for condonation of delay of 307 days in filing this Appeal. 

            It has been stated in the petition for condonation of delay that the impugned judgment was passed on 20/03/13 by the Learned District Forum, Barasat, North 24-Paraganas in case no.CC 346 of 2012.  The Appellant came to know about the impugned judgment on 26/11/13 when the notice in connection with execution case no.209 of 2013 was served upon the Appellant.  Thereafter the Appellant took certified copy of the impugned order and filed the Appeal. 

            The Learned Counsel for the Appellant has submitted that there was no intentional delay in filing this Appeal and in the interest of justice the delay should be condoned. 

            The Learned Counsel for the Respondent has opposed the petition for condonation of delay and submitted that notice was duly served upon the Appellant in the complaint case before the Learned District Forum.  It is submitted that on 06/09/13 the notice in connection with the execution case was served as per the report received from the Postal Department and the Appellant has stated that the notice was served upon the Appellant on 26/11/13.

            We have heard the submission made by both sides and perused the papers on record.  The Learned District Forum recorded in the impugned judgment that the OP No.2 did not appear though received the summons.  The instant Appeal has been preferred by the OP No.2 of the complaint.  The OP No.1 of the complaint contested the matter before the Learned District Forum.  The Learned Counsel for the Respondent has filed the report obtained from internet as to the service of notice upon the Jdr/Appellant in connection with the execution case.  It shows that the notice was delivered to Hotel Diamond Palace, that is, the Appellant on 06/09/13.  But in paragraph 2 of the petition for condonation of delay it has been stated that the Appellant came to learn about the impugned judgment on 26/11/13 when the notice was served upon the Appellant in connection with the execution case.  The impugned judgment was delivered on 20/03/13 and the application for certified copy was filed on 26/11/13 and it was delivered on the same date.  The Appeal was filed on 20/02/14. 

            The Hon'ble Apex Court in the case of Anshul Aggarwal Vs. New Okhla Industrial Development Authority reported in IV (2011) CPJ 63 (SC) has been pleased to observe as follows:

“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.”

            Having heard the Learned Counsel for the parties and on perusal of the papers on record, we are of the considered view that the inordinate delay of 307 days in filing this Appeal has not been sufficiently explained. 

            The petition for condonation of delay is rejected.  Consequently, the Appeal being time barred also stands dismissed.