NCDRC

NCDRC

RP/2967/2011

REGIONAL PROVIDENT FUND COMMISSIONER (NASIK) - Complainant(s)

Versus

KISHAN LAXMAN THORAT & ANR. - Opp.Party(s)

MR. SHIVANATH MAHANTA

14 Dec 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2967 OF 2011
 
(Against the Order dated 19/11/2010 in Appeal No. 1151/2007 of the State Commission Maharastra)
1. REGIONAL PROVIDENT FUND COMMISSIONER (NASIK)
28, Bhavishya Nidhi Bhawan, 'Wazirpur Indrsutrial Area
Delhi - 110052
...........Petitioner(s)
Versus 
1. KISHAN LAXMAN THORAT & ANR.
R/o Near Kedgoan Devi, Garudkur Mala, Akolner Bus Stop, Tq &
Ahmadnagar
Maharastra
2. Divisional Controller
Maharastra State Road Corporation
Ahmadnagar
3. Divisional Controller
Maharastra State Road Corporation
Ahmadnagar
...........Respondent(s)

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

For the Petitioner :
MR. SHIVANATH MAHANTA, ADVOCATE
For the Respondent :
MR. M.C. JOSHI, ADVOCATE

Dated : 14 Dec 2011
ORDER

The facts in both the revision petitions are similar.  The facts are taken from  RP 2917/2011. 

State Commission has dismissed the appeal as barred by limitation.  Order of the District Forum is dated 16.11.2006. Certified copy of the order was given to the petitioner on 04.12.2006. The appeal was filed on 23.05.2007, with a delay of 130 days.  The only explanation given for the delay was that the file was moved from table to table to get approval.  State Commission dismissed the appeal as it did not accept the reason given by the petitioner. 

We  agree with the view taken by the State Commission that shifting of papers from one table to another is no ground to extend the period of limitation or condonation of delay.

Even this revision petition has been filed with delay of 74 days.

The delay of 130 days was over and above the statutory period of 30 days given under the Act  for filing the appeal.  Consumer Foras are required to decide the matters in summary manner within a stipulated period.  The case has to be decided within 90 days  where no evidence is required to be taken and 150 days where evidence is required to be taken.  The delay of 130 days could not be condoned without showing sufficient cause. 

In our considered opinion, petitioner has failed to show any sufficient reason to condone the delay.   Dismissed.

This order shall dispose of both the above revision petitions.

 

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

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