Rajasthan

StateCommission

A/173/2019

Rajasthan Rajya Vidyut Prsaran Nigam Limited - Complainant(s)

Versus

Ajay Sharma s/o Haricharan Sharma - Opp.Party(s)

Virendra Sarsvat

11 Mar 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 173 /2019

 

Rajasthan Rajya Vidyut Prasan Nigam Ltd., Udyog Bhawan, Jyoti Nagar, Jaipur.

Vs.

Ajay Sharma s/o Haricharan Sharma r/o House No., 34, Gangasagar -A, 80 feet Bajri Mandi Road, Near Sayar School, Panchyawala, Jaipur & ors.

 

 

Date of Order 11.3.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs. Meena Mehta -Member

 

Mr. Naveen Jain counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

2

 

This appeal is filed against the order of the learned District Forum, Jaipur 4^th dated 12.11.2018 whereby the claim is allowed against the appellant.

 

The appeal has been filed with delay of 66 days. The contention of the appellant is that file was sent to the competent authority for sanction but competent authority was transferred. Thereafter new officer was appointed hence, delay has been caused but purposely no dates have been disclosed for the same.

 

Reliance could be placed on IV (2016) CPJ 178 (NC) Reliance General Insurance Co. Vs. Shri Pariyojna Nirman Pvt.Ltd. where the National Commission has held that term sufficient cause cannot be erased from s.5 of the Limitation Act by adopting the excessive liberal approach. The officers of the company should not sit over the documents. They should decide the case immediately.

 

Further reliance could be placed on 2018 (2) CPR 573

 

 

3

 

(NC) Parsvanath Developer Vs. Praful Vinod where the National Commission was of the view that expression sufficient cause cannot be construed liberally if negligence , inaction or lack of bonafide are attributable to party praying for exercise os such discretion in its favour.

 

Further reliance could be placed on 2018 (2) CPR 612 (NC) Shriram General Insurance Vs. Sandeep Ghosh where the National Commission has held that entertainment of belated appeal and revision in consumer matters after expiry of special period of limitation defeat very object of expeditious adjudication of consumer disputes.

 

In view of the above there is no reason to condone the significant delay of 66 days.

 

Considered the matter on merit also. There is no dispute about the fact that complainant suffered damage due to fault in line. The appellants have shifted the liability on respondent no.4 whereas the contention of respondent no.4 is that there was no fault in their line and the Forum below has rightly held

 

4

 

liable all the three respondents.

 

In view of the above, there is no merit in this appeal and stands dismissed on ground of delay as well as on merits.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

nm