Circuit Bench Nagpur

StateCommission

RP/21/3

DINABANDHU BHUMI VIKAS SANSTHA - Complainant(s)

Versus

KAMALABAI W.O. YESHWANT BHANDAKKAR - Opp.Party(s)

S.P. WATKAR

05 Apr 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
Revision Petition No. RP/21/3
( Date of Filing : 02 Feb 2021 )
(Arisen out of Order Dated 11/12/2018 in Case No. EA/109/2018 of District Nagpur)
 
1. DINABANDHU BHUMI VIKAS SANSTHA
THROUGH ITS PRESIDENT CHANDULAL S.O. VISANDAS GOKLANI , AT TULSI APARTMENT ,NEAR TELEPHONE EXCHANGE , C.A. ROAD NAGPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. KAMALABAI W.O. YESHWANT BHANDAKKAR
R.O. HOUSE NO. 784, PANDITPURA , CHICHGHARE MOHALLA , JUNI MANGALWARI NAGPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. A. Z. KHWAJA PRESIDING MEMBER
 
PRESENT:
Advocate Miss.Aakre madam For appellant.
......for the Petitioner
 
Advocate Mr.Bobde for respondent
......for the Respondent
Dated : 05 Apr 2022
Final Order / Judgement

Per Shri A.Z.Khwaja, Hon’ble Judicial Member.

1)           Petitioner Dinbandhu Bhumi Vikas Sanstha has preferred the present Revision Petition challenging the order passed by the learned District Consumer Commission Nagpur Dt.11/12/2018. Alongwith the petition, the petitioner has also filed an application for condonation of delay in filing the present Revision Petition. Petitioner has contended that it was registered society under the Maharashtra Public Trust Act and the respondent/non applicant had filed false execution proceedings against the present petitioner. Petitioner was also not at all aware about the order passed on 11/12/2018 by learned District Consumer Commission and became aware about the same only on 16/03/2020  when execution proceedings were started against the petitioner. Petitioner has further contended that after 16/03/2020 there was nation wide lock down due to Covid-19 Pandemic. Applicant has contended that there was delay of 496 days in filing the present appeal and the same may be condoned in the interest of justice.

2)      Respondent/non applicant has appeared and filed reply to the application for condonation of delay strongly opposing the same. The respondent has contended that the application for condonation of delay was not bonafide in nature as applicant was sleeping over his rights for more than 496 days and so application deserves to be rejected. Respondent has also contended that the applicant was avoiding to execute the sale deed by one way or the other and many proceedings are pending against the present petitioner. Respondent has also contended that the petitioner was very much aware of the impugned order Dt.11/12/2018 passed by the learned District Consumer Commission Nagpur.

3)       We have heard Miss.Aakre for the petitioner as well as advocate Mr.Bobde for respondent. We have also gone through the application for condonation of 496 days delay in filing the appeal. Admittedly the impugned order under challenge came to be passed on 11/12/2018 by the learned District Consumer Commission Nagpur, but appellant/applicant has not given any proper or satisfactory grounds or reasons for delay in filing the appeal. Applicant has himself stated that several proceedings came to be initiated against him but that ground can not be the reason to condone the huge delay of 496 days . Secondly, applicant has also taken plea that there was nation wide lock down due to Covid-19 Pandemic, but it is significant to note that there was no such pandemic when the order came to be passed on 11/12/2018. As such this ground also can not be availed by the present applicant. Grounds mentioned by the applicant in the application for condonation of delay of 496 days cannot be term as satisfactory at all and so I pass the following order.

                                                                     //ORDER//

  1. Delay condonation application is hereby rejected.
  2. Consequently Revision Petition is dismissed.
  3. Both parties to bear their own costs.
  4. Copy of order be supplied to both parties free of cost.   

 

 

 
 
[HON'BLE MR. A. Z. KHWAJA]
PRESIDING MEMBER
 

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