29.10.2024

ORDER ON ADMISSION

MR. RAVISHANKAR, JUDICIAL MEMBER

The Appellant/Complainant preferred this appeal being aggrieved by the order dated 07.11.2023 passed in CC.No.335/2022 on the file of 1^st & Rural Additional District Consumer Disputes Redressal Commission, Bangalore.

2.     Heard on admission – The office has noted that there is a delay of 228 days in filing the appeal.  The appellant has filed an application u/s 5 of Limitation Act to condone the delay and sworn affidavit that the impugned order is passed on 07.11.2023 and then his counsel obtained the certified copies of the impugned order.  Thereafter, his advocate instructed them to secure his signature but due to uncontrolled situation he is not able to come to India, as on date he was working at Singapore.  Due to the above said reasons the delay of 228 caused.  The delay is not intentional but for a bonafide reasons hence, prayed to condone the said delay. 

3.      On perusal of the affidavit sworn by the appellant and the reasons sworn in the affidavit are not satisfactory.  It is a clear case of negligence on the part of this complainant in preferring this appeal well within time. If at all the appellant decides to prefer an appeal, he shall file an appeal within 45 days as contemplated in the Consumer Protection Act.  The reasons assigned in the affidavit are not reasonable/satisfactory and the delay is fatal to the appeal. 

4.      In view of the decision rendered by the Hon’ble National Consumer Disputes Redressal Commission reported in 2018 (2) CPR 507 (NC)-the matter between M/s TDI Infrastructure Ltd., v/s Kulvinder Singh Bahl, the appeal can be dismissed on the point of delay alone.  Accordingly, the appeal deserves to be dismissed on the point of enormous delay. Hence, we proceed to pass the following:-

ORDER

Application u/s 5 of the CPC Act is hereby dismissed.Consequently, the appeal is also dismissed.No order as to costs.

Send a copy of this order to both parties as well as Concerned District Commission.

(Sunita .C. Bagewadi)                        (Ravishankar)   

        Member                                      Judicial Member 

ARD*