West Bengal

StateCommission

A/312/2022

The Director, Country Vacation Club - Complainant(s)

Versus

Mr. Abhijit Das - Opp.Party(s)

Shirsho Dasgupta, Pallabi Pal

08 Sep 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/312/2022
( Date of Filing : 07 Dec 2022 )
(Arisen out of Order Dated 26/07/2022 in Case No. Complaint Case No. CC/52/2020 of District South 24 Parganas)
 
1. The Director, Country Vacation Club
6-3-1219 Begampet, P.S.- Begampet, Hyderabad, Telengana, Pin- 500 016.
2. The Regional Manager, Country Vacations Club
Anuj Chambers, 2nd Floor, 24, Park Street, Park Street Area, P.S.- Park Street Kolkata- 700 016.
3. The Manager, Country Vacation Club
Chankyapuri, Canning Road, Ramnagar- 2, P.S.- Baruipur, South 24 Parganas, Pin- 743 387, West Bengal.
...........Appellant(s)
Versus
1. Mr. Abhijit Das
P.O. & Vill- Madarhat, P.S.- Baruipur, Dist- South 24 Parganas Kolkata- 743 610.
2. Mrs. Soma Das
P.O. & Vill- Madarhat, P.S.- Baruipur, Dist- South 24 Parganas Kolkata- 743 610.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. SOMA BHATTACHARJEE PRESIDING MEMBER
 
PRESENT:Shirsho Dasgupta, Pallabi Pal, Advocate for the Appellant 1
 Jay Prakash Gupta, Advocate for the Respondent 1
 Jay Prakash Gupta, Advocate for the Respondent 1
Dated : 08 Sep 2023
Final Order / Judgement

Hon’ble Mrs. Soma Bhattacharjee, Presiding Member

          Ld. Advocate Ms. Pallabi Pal appears by filing Vakalatnama on behalf of the Appellant. Ld. Advocate, Mr. Jay Prakash Gupta for the Respondent is present.        

          Considered, in detail, the Memo. of Appeal, the Delay Condonation Petition and the Written Objection filed by the Respondent.

         There is an inordinate delay of 86 days in filing the Memo. of Appeal. Day to day delay has not been explained in the Memo. of Appeal. There does not appear satisfactory grounds to condone this delay.  Vide an observation of the Hon’ble NCDRC in 11(2014) CPJ 570 (NC) – (Regional Provident Fund Commission vs S Shiva Shankar Rao), the Hon’ble NCDRC held that in the case day to day delay has not been explained, for which delay could not be condoned.

          The Hon’ble Supreme Court has opined in University of Delhi vs Union of India in Civil Appeal Nos.94889489 of 2019 arising out of SLP (Civil) Nos.55815582 of 2019 decided on 17.12.2019, “That once an appeal is found to be barred by limitation there is no question of considering the merits of the appeal.”

          Accordingly, A/312/2022 is dismissed on grounds of limitation. There shall be no order as to costs.

 
 
[HON'BLE MRS. SOMA BHATTACHARJEE]
PRESIDING MEMBER
 

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